OUR VISION

A COMMUNITY IN WHICH YOUNG OFFENDERS

PARTICIPATE WITHOUT RE-OFFENDING.

OUR STATEMENT OF PURPOSE

To provide services to young offenders to decrease their
reoffending and increase their capacity to successfully
reintegrate into their communities.

The artwork on the cover and inside this report is the work of
Karen Beetson, Aboriginal Team Advisor,
Intensive Supervision Program, Juvenile Justice.

Karen explains her artwork:

Cover
“The artwork represents Aboriginal and Torres Strait Islander staff
and reflect how different we all are. The dots and circles around the
figures represent our spirituality and Aboriginality. Our Aboriginality
means something different to each if us, and despite these
differences we are all from this land; we are all one mob. Who we
are and where we come from is what makes us who we are. It
allows us to share our knowledge and experience with the
communities and clients we work with.

This knowledge then trickles through the department, helping us to

focus our goals of helping our children and young people.”

Internal
“This picture reflects the enthusiasm and passion we as Aboriginal
and Torres Strait Islander workers have for our jobs.”

Printed on FSC certified paper stock

design: www.mlcdesign.com.au
CONTENTS

OVERVIEW: ABOUT THE DEPARTMENT OF JUVENILE JUSTICE ..............................PAGE

Director General’s foreword........................................................................................8
The role of the department ......................................................................................10
Location of services ..................................................................................................11
Organisational chart ................................................................................................12
Executive structure and management ......................................................................13
Operations directorate..............................................................................................13
Management Services directorate ............................................................................14
Office of the Director General ..................................................................................15
Research ..................................................................................................................15
Reoffending rates and YSLI ......................................................................................18
NSW State Plan ........................................................................................................18
Corporate Plan 2007-2011 ......................................................................................18
The juvenile justice environment
Role of Police, Courts, Other agencies, Juvenile Offender Compact, AJJA ,
Keep them safe report, Youth Conduct Orders, Changes to legislation ....................19
Overseas delegations................................................................................................22
Financial summary....................................................................................................22

YOUNG PEOPLE WITHIN THE JUVENILE JUSTICE SYSTEM

Some characteristics of the young people with whom we work ..............................24
Young people with mental health and disability issues ............................................24
Age characteristics of young offenders ....................................................................26
Gender of young offenders ......................................................................................27
Aboriginal and Torres Strait Islander young people in juvenile justice ........................28

YOUTH JUSTICE CONFERENCING

Overview ..................................................................................................................32
Key service measures ..............................................................................................33
Achievements ..........................................................................................................35
Planned initiatives for 2009-10 including partnerships..............................................36

YOUNG OFFENDERS IN THE COMMUNITY

Overview ..................................................................................................................40
Key service measures................................................................................................40
Community-based partnerships ................................................................................42
YDAC ......................................................................................................................42
Community-based programs ....................................................................................43
Intensive Supervision Program ..................................................................................44
Major achievements and initiatives ..........................................................................45
Bail supervision ........................................................................................................46

Youth Justice Conferencing and the Young Offenders Act • Chapter 3 33

 YOUNG PEOPLE IN CUSTODY
Overview ..................................................................................................................50
Services provided to young people ..........................................................................50
Key service measures................................................................................................51
Major achievements and initiatives ..........................................................................55
Programs..................................................................................................................56
Education and Training ............................................................................................57
Health services ........................................................................................................57
Transport, placement and drug intelligence ..............................................................58

GOVERNANCE, PRIVACY AND OVERSIGHT

Freedom of information ..........................................................................................62
Privacy management ................................................................................................67
Legal representation ................................................................................................67
Official Visitors ........................................................................................................68
Young offenders Advisory Council............................................................................68
Serious Young Offenders Review Panel ....................................................................69
Community consultation and client feedback ..........................................................70
NSW Ombudsman....................................................................................................70
Commissioner for Children and Young People..........................................................71
Complaints ..............................................................................................................71

WORKFORCE CAPACITY
Overview ..................................................................................................................74
Code of conduct and guarantee of service ..............................................................75
Exceptional movements in wages, salaries or allowances..........................................76
Occupational health and safety ................................................................................76
Workers compensation ............................................................................................76
Employee assistance provider ..................................................................................77
Training (ODU)..........................................................................................................77
Equal employment opportunity ................................................................................78
Equity ......................................................................................................................79
Planned initiatives for 2009-10 ................................................................................80
Principal and senior executive positions ....................................................................80
Risk Management ....................................................................................................81
Performance statement for Director General ............................................................82

4 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

FINANCIAL STATEMENTS
Statement by department head................................................................................84
Independent auditor’s report ....................................................................................85
Operating statement for the year ending 30 June 2009 ..........................................87
Statement of recognised income and expense for the
year ending 30 June 2009........................................................................................88
Balance sheet as at 30 June 2009 ............................................................................89
Cash flow statement for the year ending 30 June 2009 ..........................................90
Summary of compliance with financial directives ......................................................93
Notes to and forming part of the financial statements for the
year ending 30 June 2009........................................................................................94
Capital works expenditure......................................................................................112
Funds granted to non-Government organisations ..................................................112
Use of consultants..................................................................................................114
Credit card certification ..........................................................................................114
Payment of accounts ..............................................................................................114
Major assets ..........................................................................................................115
Disposals and vestments ........................................................................................115
Capital Works ........................................................................................................116

APPENDICES ..........................................................................................................117
Appendix 1: Legislation and Legal Changes............................................................118
Appendix 2: Significant Committees ......................................................................120
Appendix 3 Policies and plans ................................................................................128
Appendix 4: Sustainability management ................................................................130
Appendix 5: Overseas Visits....................................................................................132
Appendix 6: Publications ........................................................................................132
Appendix 7: About this Annual Report ..................................................................132
Appendix 8: Access and Addresses ........................................................................133

55
 LETTER OF SUBMISSION TO THE MINISTER

The Honourable Graham West MP

Minister for Juvenile Justice
Minister for Volunteering
Minister for Youth
Minister Assisting the Premier on Veterans’ Affairs
Level 13, 55 Hunter Street
SYDNEY NSW 2000

Dear Minister

In accordance with the Annual Reports (Departments) Act 1985, I

have pleasure in submitting to you, for presentation to Parliament, a
report on the activities and financial affairs of the Department of
Juvenile Justice for the period from 1 July 2008 to 30 June 2009.

Yours sincerely

Peter Muir
Director General
Department of Juvenile Justice

6 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

CHAPTER 1
OVERVIEW: ABOUT THE DEPARTMENT
 DIRECTOR GENERAL’S FOREWORD

The last year has seen a number of changes to juvenile justice

which included changes to staffing in juvenile justice centres
and central office.

The number of young people in custody on remand and control

orders has steadied somewhat since the dramatic climb in 2007-08
but continues to increase.

Juvenile Justice is working with other agencies such as the Attorney

General’s Department and NSW Police to investigate the causes of
the increases through the bail working group.

The opening of the Emu Plains Juvenile Justice Centre in October

2008 created capacity in the state’s juvenile justice system and eased
the demand for beds.

Work also began on the construction new 15 bed units at Orana

Juvenile Justice Centre in Dubbo and Acmena Juvenile Justice Centre
in Grafton, as well as upgrade works on Riverina Juvenile Justice
Centre to accommodated 12 extra beds.

In the next year, a number of new custodial beds will come on line,
which will help us to focus on improving rehabilitation programs for
young people in custody.

This includes the establishment of a pre-release unit at Reiby

Juvenile Justice Centre in Campbelltown. The aim of the unit is to
connect detainees with services in the community prior to their
release, so they have the support they need when they leave the
centre.

In the community we have seen a 16 per cent increase in the

number of community based orders and a 35 per cent increase in
the number of orders completed during the year.

There was an 11 per cent increase in the number of referrals to

Youth Justice Conferences and a 20 per cent increase in the
numbers of conferences held during the year.

Over the past four years there has been increased funding into
community based programs and this year saw the introduction of
the Intensive Supervision Program into the Newcastle and Western
Sydney regions. Early indications are encouraging, with 53 families
signing up to the program in 2008-09, and an additional 13 families
awaiting signup. Nearly half of the families who have successfully
completed the program are from Aboriginal or Torres Strait Islander
background.

Safety and security in centres has continued to improve, with assault

figures remaining steady despite the increase in numbers. The rate
of assaults on staff continues to fall, with a 70 per cent decrease
since 2004-05.

8 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

The implementation of the Keep them safe report, the government’s
response to the Wood Special Commission of Inquiry into Child
Protection System in NSW, has meant an increased responsibility for
Juvenile Justice as a reporting agency. The establishment of a Child
Wellbeing Unit, new training for staff and better information sharing
between agencies in regards to "at risk" children will help provide
better responses to children in need of assistance or at risk of
significant harm.

Juvenile Justice is the lead agency and is working in partnership with

NSW Police on the implementation of the Bail Assistance Line. The
after hours Bail Assistance Line will assist in diverting young people
from being remanded in custody while looking for safe and secure
accommodation.

Overseas interest in the NSW Juvenile Justice system continues to be

high with delegations from China, Sweden, Vietnam and the USA
visiting during the year. The department was also invited to present
papers at the Children’s Rights Workshop in Beijing in May 2009
and at the International Seminar on Penal Mediation in Italy in
November 2009.

The dedicated staff of the department have continued to meet the

challenges of change and still provide an outstanding service to the
young people in their care.

We look forward to continuing our partnerships with community

organisations to deliver programs for young people in the
community and in custody.

Peter Muir
Director General

Overview: About the Department • Chapter 1 9

 THE DEPARTMENT OF JUVENILE JUSTICE

WHO WE ARE The department operates under the terms of

the Children (Detention Centres) Act 1987,
the Children (Community Service Orders) Act
The NSW Department of Juvenile Justice is
1987, the Young Offenders Act 1997 and
responsible for the administration of youth
the Children (Interstate Transfer of Offenders)
justice conferences and for the supervision of
Act 1988.
young offenders who receive community-
based orders or custodial sentences from the While supervising young offenders, either in
courts. the community or in custody, Juvenile Justice
assists these young people with programs that
The department was established as an
will provide them with the opportunity to
autonomous government body in 1991 and as
choose positive alternatives to offending
a Schedule 1 Department in 1993. It is the
behaviour. These services are aimed at
largest juvenile justice agency in Australia,
reducing the risk of a young person
employing an average full-time equivalent
reoffending, and to assist them in addressing
staff of 1464.1 during 2008-09, including
underlying issues and behaviours.
many people from Aboriginal and other
culturally and linguistically diverse
backgrounds.
WHERE WE ARE
On June 11 2009, the NSW Government
announced the formation of 13 new super The department’s head office is located on Pitt
departments to bring government agencies Street, Sydney, housing the Operations,
together. The Department of Juvenile Justice Management Services, and Office of the
was amalgamated, along with the Director General directorates.
Departments of Housing; Community Services;
Aboriginal Affairs; Ageing, Disability and There are nine juvenile justice centres located
Home Care; Aboriginal Housing Office and around NSW. Female detainees are held at
Businesslink to form the Department of Juniperina Juvenile Justice Centre in Lidcombe.
Human Services. The core business of Juvenile
Justice has not changed. Across the state, there are 34 Juvenile Justice
Community Services offices incorporating
Youth Justice Conferencing. A full list of these
locations can be found on page 133.
WHAT WE DO
The department’s work includes the
supervision of young people sentenced to
community-based or custodial orders, support
for young offenders meeting the conditions of
bail, supervision of young offenders who are
on conditional bail, supervision of young
people remanded in custody pending
finalisation of their court matters, and the
preparation of reports for the consideration of
the courts in determining sentences. The
department also administers the Youth Justice
Conferencing program.

The department provides funding to a number

of community agencies to give assistance to
juvenile offenders and their families.

10 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

LOCATION OF OUR SERVICES

Overview: About the Department • Chapter 1 11

 DEPARTMENT OF JUVENILE JUSTICE

12 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

EXECUTIVE STRUCTURE AND
MANAGEMENT
Since July 2007, the Department of Juvenile
Justice has been organised across three
directorates: Operations; Management
Services; and the Office of the Director General.
The corporate governance of the department
is the responsibility of the Executive
Committee. In 2008-09, the department’s
Executive Committee met on a monthly basis.
As at 30 June 2009, the committee consisted
of the:
• Director General
• Deputy Director General (Operations)
• Deputy Director General (Management
Services)
• Executive Director, Conduct, Policy and
Government Relations
• Regional Director, Metropolitan Region
• Regional Director, Northern Region
• Regional Director, Western Region
• Chief Financial Officer
• Director, Human Resources
OPERATIONS DIRECTORATE
The department’s direct services to juvenile
offenders are managed and administered by
the Operations directorate.
Services in the community include Youth
Justice Conferencing; support for young
people released on bail or remanded in
custody; assessment reports to assist courts;
court-ordered supervision of juvenile offenders
placed on parole, good behaviour bonds,
probation or community service orders;
counselling and developmental programs as
an alternative to detention and intensive
family-based interventions.
Services within juvenile justice centres include
individual case management to identify and
address the needs of detainees and to plan
their community re-integration; training in job
skills and living skills; recreational and
counselling programs for detainees;
educational programs so detainees can
continue their studies; and health services.
The directorate is comprised of three business
units based at the department’s Central Office
and three regions.
The Operations Unit develops policies and
procedures for all areas of direct service
delivery. It is responsible for implementing a
consistent and integrated approach to the
delivery of services across the regions;
ensuring continuous improvement of services
and movement towards evidence-based best
practices; and ensuring that community and
custodial needs are met effectively.
The Programs Unit sets the standards for
and guides the overall development,
implementation, monitoring and evaluation of
a range of specialist and general programs for
juvenile offenders. These include evidence-
based programs that have been proven to
reduce the risk of reoffending.
The Transport, Placements and Drug
Intelligence Unit coordinates the secure
transportation and placement of young
offenders, the use of video conferencing
facilities, the state-wide implementation of the
classification system and the gathering of
intelligence to assist in the safe operations of
the department. The Unit provides security
advice and support.
Custodial and community-based services are
divided into geographical regions administered
by Regional Directors, who report to the
Deputy Director General (Operations).
In December 2008, the four regions were
restructured into three resulting in the closure
of the Southern and Central Coast Region and
the regional office in Wollongong. The new
regional arrangements are outlined below.
The Northern Region is administered from
the regional office in Lismore. The region
covers the Central Coast, including Gosford,
Newcastle, the Hunter Valley, New England,
the Northern Rivers and the North Coast. The
region is responsible for Frank Baxter and
Acmena centres and 13 community offices.
Overview: About the Department • Chapter 1 13
 The Metropolitan Region is administered
from the regional office in St Marys. The
region covers the greater Sydney metropolitan
area, the Illawarra and the Shoalhaven. The
region is responsible for Cobham, Emu Plains,
Juniperina and Reiby centres, and was
responsible for Keelong Juvenile Justice Centre
until its closure in February 2009. Metropolitan
Region is also responsible for eight community
offices and the Youth Drug and Alcohol Court
at Liverpool.
The Western Region is administered from the
regional office in Dubbo. The region covers
central NSW, the South Coast and the Murray,
Riverina and Outback areas. The region is
responsible for Riverina, Orana and Broken Hill
centres and 13 community offices.
Restructure of the Department
During 2008, the department undertook a
review of its custodial, corporate and transport
services to initiate efficiencies.
Following extensive consultation a new
staffing model for centres was developed with
the new structure to come into effect in July
2009. Additional changes include rural
transport services being located at local
centres and the creation of a Security and
Intelligence Unit to better a broader
intelligence-gathering responsibility.
Some corporate services were restructured and
plans are in place for a number of services to
move to Businesslink in the new financial year.
MANAGEMENT SERVICES
DIRECTORATE
The Management Services Directorate provides
the corporate and management support
functions of the department and is led by the
Deputy Director General (Management
Services). The directorate brings together the
service functions of financial management and
administration, human resource management,
organisational development, information
management and communications technology,
procurement and asset management and
corporate reporting.
14 Juvenile Justice, Department of Human Services • Annual Report 2008-2009
This directorate is comprised of the following
business units:
Finance is responsible for ensuring that the
department fulfils its statutory reporting and
other financial management responsibilities,
providing strategic ongoing financial
information to management, financial advice
to the Executive Committee and the Finance
Committee, and managing the working
relationship between the department, the
NSW Treasury and the NSW Audit Office.
Information Management and Technology
(IM&T) ensures that computer systems and
information repositories support the business
needs of the department and reflect the
government’s strategic priorities. The function
covers all information and communications
technology activities, including voice and data
services, information management, electronic
publishing, libraries, archives and records
management.
Employment Relations and Conduct deals
with matters relating to professional conduct,
investigations into alleged misconduct and
other employment and industrial relations
matters.
Human Resources ensures timely, effective
and proactive strategic human resource
management to enhance the capability of the
department to implement government and
corporate strategies.
Property and Procurement Services has the
responsibility of leading and directing the
department’s asset management framework,
policy, systems, procedures and strategy,
including physical security requirements to
ensure the efficient and cost effective
management of the department’s property
and procurement portfolio.
Administration Services (Business
Improvement) has the responsibility of
providing strategic analysis and operational
advice regarding the implementation of
government reforms.
OFFICE OF THE
DIRECTOR GENERAL
The role of the Office of the Director General
is to provide strategic advice and administrative
support to the Director General as well as
coordinating the department’s relationships
with key stakeholders, both internal and
external, including the office of the Minister
for Juvenile Justice. The office coordinates
operations across the executive to enhance
communication between business units.
The office also provides executive and
administrative support to the Executive
Committee and the Young Offenders Advisory
Council.
This directorate is comprised of the following
business units.
Policy and Government Relations oversees
Corporate Communications, Planning, External
Relations, Ministerial and Parliamentary
Services, the Community Funding Program,
special projects and coordination of the
department’s State Plan responsibilities. The
unit provides strategic advice and services to
the Director General, the Minister for Juvenile
Justice and external stakeholders.
Legal provides advice regarding the
interpretation of legislation impacting on the
department’s operations, preparation of
legislative proposals on behalf of the
department, and provides advocacy on behalf
of the Director General in various Court and
Tribunal proceedings, including parole review
hearings before the Children's Court.
The Aboriginal Strategic Coordination
Unit is responsible for developing,
coordinating, monitoring, reviewing and
supporting the implementation of the
department’s Aboriginal Strategic Plan and
other initiatives. The unit provides strategic
and policy advice on the impact and
effectiveness of policies and practices relating
to young Aboriginal and Torres Strait Islander
peoples. The unit also supports the department’s
processes for consulting with Indigenous staff
through consultative bodies such as the
Aboriginal Staff Advisory Committee and the
annual Aboriginal Staff Conference.
Research and Information provides a
strategic overview and management of the
department's organisational research and
corporate data reporting.
RESEARCH
The department’s Research Steering
Committee reviews and approves all research
conducted in the department. The Committee
is composed of senior members of the
department as well as external members from
NSW Health including Justice Health, the NSW
Bureau of Crime Statistics and Research and
NSW Corrective Services. The department
continues to be actively involved in research
projects with external agencies.
The department has recently funded three
large scale research programs that will see the
evidence base in the area of juvenile offending
in NSW increase significantly.
2009 NSW Young People in Custody
Health Survey
The Department of Juvenile Justice, in
partnership with Justice Health, is replicating
the successful 2003 Young People in Custody
Health Survey. Revision of the previous
instruments used has been completed to
improve the quality of the data collected.
Ethics approvals have been received from the
Justice Health Human Research Ethics
Committee, Aboriginal Health and Medical
Research Council, Department of Corrective
Services Human Research Ethics Committee,
along with approval for the project’s
implementation from the department’s
Research Steering Committee. The data
collection commenced in late May 2009, and
preliminary results will be available in early 2010.
A longitudinal study of the biological
and social / cognitive factors that lead
to anti-social behaviour in adolescence
The School of Psychology, University of
Wollongong is undertaking a research
partnership with the department to identify
the social, cognitive and psychological factors
related to antisocial behaviour. Researchers Dr
Joseph Ciarrochi, Dr Peter Leeson and
Overview: About the Department • Chapter 1 15
 Professor Patrick Heaven are undertaking a
longitudinal project which will also examine
the presence of protective, or resilience factors
within the cohort.
Data collection will be completed over an
eight-year period. Two points of data
collection will occur in the first year, with
two-year follow-up periods of the sample
occurring after this time. The proposal is to
access students in Year Seven from six schools
(five state and one private), with the department’s
assistance. The first wave of results is expected
to be available in December 2010.
Three-year research program with the
NSW Bureau of Crime Statistics and
Research (BOCSAR)
This research program is being funded by the
NSW Department of Juvenile Justice in order
to investigate some key research questions
about causes and effects of juvenile offending.
The department provided BOCSAR funding to
employ a Research Officer to undertake
research in the following project areas:
• Juveniles on remand: Causes and effects.
This aims to understand the circumstances
that lead to young people being
apprehended by police for breach of bail
and placed on remand by court, and the
impact that remand has on young people
both during and after leaving custody.
• Police and Youth Justice Conferencing.
Aims to understand why only around half
of youth justice conference referrals
emanate from police.
• Desistance from offending. Will identify the
family and social factors that are associated
with desistence from offending behaviour.
• Cautions and re-offending. To determine
whether juveniles making their first court
appearance are more likely to re-offend if
they have previously been cautioned by
police; and whether they are less likely to
re-offend at this point if they are only dealt
with by the court system.
• Simulation model of the juvenile justice
system. Aims to build a computer
simulation model of the juvenile justice
system that permits the user to examine
the impact on the juvenile custodial
population of changes in admissions,
lengths of stay and rates of return.
16 Juvenile Justice, Department of Human Services • Annual Report 2008-2009
There are a number of approved research
projects being conducted in the department
by a range of post graduate research students
and university based academics.
An analysis of supervision skills used
by juvenile justice workers
Dr Chris Trotter from Monash University is
evaluating the use of pro-social modelling
techniques by juvenile justice officers and
counsellors during supervision sessions with
young people serving community-based
orders. The project entitled ‘Analysis of the
supervision skills of juvenile justice officers’
will provide more information about the way
in which juvenile justice workers confront
young people in relation to their behaviour,
how this relates to client outcomes and
whether some styles of confrontation work
better with some clients than others. An
Aboriginal researcher is employed to assist in
data collection with Indigenous clients. This
research has attracted further grant funding
and will continue in the department until 2011.
Mental Health Disorders and
Cognitive Disabilities in the Criminal
Justice System
Dr Eileen Baldry (Department of Social Work
UNSW) is the Chief Investigator in an
Australian Research Council Linkage Grant
investigating the pathways of people with a
mental health disorder and / or cognitive
disability through the criminal justice system.
The department is a collaborating organisation
in this project which is retrospectively mapping
the pathway of incarcerated adults with a
cognitive disability and / or mental health issue
through the criminal justice, health and
welfare agencies. This research will provide
groundbreaking information on cross-agency
approaches to providing effective interventions
for people with mental health disorders and
cognitive disabilities. The outcomes of this
research will assist all government agencies
involved to improve identification of and
service delivery to this client group.
The impact of penalty severity on
juvenile recidivism
This is an ongoing statewide project by the
NSW Bureau of Crime Statistics and Research
investigating the impact of sentence severity
on re-offending after controlling for factors
known to be associated with re-offending.
Work has begun on linking two-year follow-up
offence data to the participants in the survey,
and the final report is expected to be available
in late 2009.
Research into the Youth Level of
Service/Case Management
Inventory–Australian Adaptation
(YLS/CMI-AA)
This study involves updating the norms for the
YLS/CMI-AA, in order to assess the veracity of
the current cut-off scores for the risk levels.
Professor Tony Thompson (Charles Sturt
University) and the department will also
examine changes in risk scores over multiple
administrations to determine contributing
factors to this for a sub-sample of individuals.
The updated norms and cut-off scores are
expected to be available for implementation in
the second half of 2009.
Sentencing young offenders – Policy
and practice in three states
Dr Max Travers from the University of
Tasmania has recently been approved to
extend into NSW his Criminology Research
Council grant-supported research regarding
the work of professionals involved in the
sentencing of young offenders. To date, this
qualitative research has been completed in
Tasmania and Victoria, and involves a
combination of interviewing and observing
practitioners involved in the completion of pre-
sentence reports for the NSW Children’s Court
(two metropolitan and one rural location).
Data collection and interviewing commenced
in June 2009.
Upcoming research in the department will be
exploring the following areas:
Exploring the relationship between
cannabis use and criminal offending
among adults and adolescents
Ms Melanie Simpson from the National
Cannabis Prevention and Information Centre,
(NCPIC), part of the National Drug and
Alcohol Research Centre (NDARC) at the
University of NSW has also recently been
approved to undertake research entitled
‘Exploring the relationship between cannabis
use and criminal offending among adults and
adolescents’. This PhD level research,
supervised by Professor Jan Copeland (NCPIC)
and Professor John Howard (NDARC) will have
the potential to inform clinical approaches and
policy development around cannabis
interventions and associated criminal
behaviours when completed.

Percentage of juvenile offenders receiving a subsequent conviction or

conference with 12 months of the index appearance
80%
73.3
69.6 65.6
70% 67.1 66.9
64.1
61.7
60% 56.9
54.3 55.3 55.4 55.3
54.0 54.0
50%
43.6
41.6
38.3 39.4
40% 36.5 36.9 35.5

30%

20%
2000/2001 2001/2002 2002/2003 2003/2004 2004/2005 2005/2006 2006/2007*

Detention Order Supervised Order Conferenced

Source: NSW Bureau of Crime Statistics and Research
Conferenced: Young people finalised at a Youth Justice Conference
Supervised Order: Young people finalised in the Children's Court who received a supervised order other than a control
order (including suspended sentence with supervision, CSO, probation with supervision, bond with supervision)
Detention Order: Young people receiving a control order <= 365 days for their index offence (count re-offending from
end of minimal term)
Note: (1) a person can appear in different groups in a given financial year, but can appear in a given group at most once
in a given financial year. (2) for a person with non-custodial sentence, their follow-up period starts on the date of
finalisation of their index appearance, while for a person with a custodial sentence, their follow-up period starts at the

Overview: About the Department • Chapter 1 17

 YOUTH LEVEL OF SERVICE INVENTORY (YLSI)
Youth Level of Service Inventory (YLSI) is an assessment tool for determining risk of juvenile re-offending.
Prior and current offences are static factors and are therefore excluded from reduction calculations.

Percentage of young people on exit 2006-07 2007-08 2008-09

from Juvenile Justice care who are:

* Living in safe and appropriate accommodation 82% 89% 91%

* Participating in education and training or 55% 59% 59%

* participating in employment

* Participating in community activities 36% 38% 38%

2006-07 2007-08 2008-09

Percentage of all clients showing a reduction in 61% 66% 69%

their YLSI score on exit from DJJ supervision
Percentage of medium to high YLSI rankings 47% 45% 51%
that are reduced on exit from DJJ supervision**
* Youth Level of Service Inventory (YLSI) is an assessment tool for determining risk of juvenile re-offending. Prior and
current offences are static factors and are therefore excluded from reduction calculations.
** YLSI assessment rankings for re-offending risks are Low, Medium and High.

NSW STATE PLAN In addition to acting as a key partner in the

above priorities, the department is a
contributing agency to a number of other
In November 2006, the NSW Government
areas of the State Plan.
released the State Plan: A New Direction for
NSW, which is the foundation document for
setting a series of priorities and targets for
government services in NSW.
CORPORATE PLAN 2007-2011
The Department of Juvenile Justice is a key The corporate plan provides a framework for
partner on three of these priorities. regional and organisational Strategic and
Business Plans.
R1: Reduced rates of crime, particularly
violent crime; The Plan encompasses the department’s
R2: Reduced re-offending; and Results and Services Plan, Total Asset
R3: Reduced levels of antisocial behaviour Management and Information and
Communications Technology Plans. It also
The implementation of the Intensive
includes equity-related initiatives such as the
Supervision Program (ISP) is a key Department
Disability Action Plan, the Ethnic Affairs Priority
of Juvenile Justice initiative under R2: Reduced
Statement and Equity Plan.
Re-offending.
The Plan identifies Outcomes and Strategies in:
Launched in May 2008, ISP is a four year pilot
corporate capacity, community-based services,
program based on multisystemic therapy. This
and custodial services.
model has proven to be effective in reducing
the risk of re-offending over a thirty-year The department has implemented a Corporate
evaluation period across a number of Plan performance-reporting framework. This
countries, supporting its effectiveness as a tool framework has identified performance
to address juvenile offending.

18 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

indicators that measure the department's
progress in implementing the strategies
outlined in the Corporate Plan.
The Corporate Information System (CIS)
project has been initiated to deliver strategic
performance information to the organisation
and continues to be on budget and on
schedule to meet the target completion date
of 30 June 2010.
THE JUVENILE JUSTICE
ENVIRONMENT
The term ‘juvenile justice’ is generally used to
refer to the state’s criminal justice responses to
children who have allegedly committed, or
have been found to have committed, a
criminal offence.
In NSW, criminal responsibility legally
commences at the age of 10. Under criminal
law, a child is defined as a person under 18
years of age.
Various aspects of criminal justice are
administered in NSW by different government
agencies, including NSW Police and the courts.
The Department of Juvenile Justice works
closely with these agencies to deliver
appropriate responses to reducing the
likelihood of re-offending among young people.
In addition to administering juvenile justice
services according to NSW legislative
requirements, the department also adheres to
national and global standards and guidelines
as laid out by the Australasian Juvenile Justice
Administrators and the United Nations.
The role of the NSW Police
The detection and investigation of crime is the
responsibility of the NSW Police. For some
young offenders, NSW Police may choose to
use alternatives to the commencement of
court proceedings including warnings,
cautions or referral to youth justice
conferences as set out in the Young Offenders
Act 1997. NSW Police may also commence
court proceedings against young offenders
under the provisions of the Children (Criminal
Proceedings) Act 1987.
The department works closely with NSW
Police, particularly in relation to the
transportation of young people and incident
management within juvenile justice centres.
NSW Police also provide specialist support to
young offenders through the operation of the
Young Offenders Act 1997, Police and
Community Youth Clubs. In some areas of the
state, NSW Police engage young offenders
through a variety of recreational and social
programs.
The role of the Courts
The commencement, conduct and outcome
of court proceedings against young people
alleged to have committed an offence and
who are not eligible to be dealt with under
the Young Offenders Act are governed
principally by the Children (Criminal
Proceedings) Act 1987.
Section 6 of the Children (Criminal
Proceedings) Act sets out the principles
applicable to all courts exercising criminal
jurisdiction with respect to children.
These principles are:
(a) that children have rights and freedoms
before the law equal to those enjoyed by
adults and, in particular, a right to be
heard, and a right to participate, in the
processes that lead to decisions that affect
them;
(b) that children who commit offences bear
responsibility for their actions but, because
of their state of dependency and immaturity,
require guidance and assistance;
(c) that it is desirable, wherever possible, to
allow the education or employment of a
child to proceed without interruption;
(d) that it is desirable, wherever possible, to
allow a child to reside in his or her own
home;
(e) that the penalty imposed on a child for an
offence should be no greater than that
imposed on an adult who commits an
offence of the same kind;
Overview: About the Department • Chapter 1 19
 (f) that it is desirable that children who
commit offences be assisted with their
re-integration into the community so as to
sustain family and community ties;
(g) that it is desirable that children who
commit offences accept responsibility for
their actions and, wherever possible, make
reparation for their actions; and
(h) that, subject to the other principles
described above, consideration should
be given to the effect of any crime on
the victim.
Section 33 of the Children (Criminal Proceedings)
Act permits the courts to make any of the
following orders: a dismissal and / or caution,
a good behaviour bond with or without
supervision, a fine, referral to a youth justice
conference, conditional or unconditional
probation, a community service order, or an
order that confines a young person for a
specified period to detention, or a parole order.
Other agencies
The Department of Juvenile Justice does not
have sole responsibility for addressing juvenile
offending behaviour in NSW. Strong
partnerships and joint projects with other
human services and justice agencies are
essential in providing effective interventions
for juvenile offenders.
These agencies include Justice Health, the
Department of Ageing, Disability and Home
Care, the Department of Community Services,
the Department of Education and Training,
Centrelink, and the Commonwealth
Department of Employment and Workplace
Relations.
The department has also negotiated or is re-
negotiating a number of protocols to address
the needs of its young people with Justice
Health, the Department of Community
Services, the Department of Education and
Training, Department of Ageing, Disability and
Home Care, Department of Corrective Services
and Centrelink.
20 Juvenile Justice, Department of Human Services • Annual Report 2008-2009
Juvenile Offender Compact
The department is proposing to lead the
government’s commitment to reduce juvenile
offending through the development of a
Juvenile Offender Compact.
The Juvenile Offender Compact is being
developed to draw commitment and
involvement from other government agencies
in the rehabilitation of juvenile offenders.
The Compact will better coordinate and target
service delivery across a range of services to
young people at highest risk of re-offending.
Australasian and Juvenile Justice
Administrators (AJJA)
The department works collaboratively with
other State and Commonwealth agencies to
further a whole-of-government approach in
improving outcomes for young people and
communities through participation in a range
of inter-agency forums.
Perspectives on issues and solutions for
addressing the needs of juvenile offenders
across Australia and in New Zealand were
discussed in biannual meetings of the
Australasian and Juvenile Justice Administrators
(AJJA) in November 2008 and May 2009. AJJA
is a standing committee of the Community
and Disability Services Ministers’ Advisory
Council. Aboriginal over-representation and
the high levels of disability and homelessness
are areas of major concern for juvenile justice
administrators across Australia.
The Keep them safe report
The Department of Juvenile Justice is working
with the Department of Premier and Cabinet
and its agency partners – Community Services,
NSW Police, Department of Education and
Training, NSW Health, Department of Ageing,
Disability and Home Care, and Housing – to
implement the Keep them safe report, the
government’s response to the Wood Special
Commission of Inquiry into Child Protection
System in NSW (the Inquiry).
The central theme arising from the inquiry was
the child protection is a shared agency
responsibility. The Keep them safe report
acknowledges the ‘serious implications for the
way government approaches juvenile
offending (that) must be addressed across
government’. The report also states that
juvenile offenders must be addressed across
agencies ‘in order to improve outcomes for
the next generation of Aboriginal parents’.
The department is addressing this issue with
the development of the Juvenile Offender
Compact.
A key recommendation of the Inquiry was the
establishment of an after-hours Bail Assistance
Line. The department is the lead agency and is
working in partnership with NSW Police on
the implementation of this assistance line.
The service will commence in early 2010. The
after hours Bail Assistance Line will assist in
diverting young people from being remanded
in custody while facilitating safe and secure
accommodation. The service will include
transporting young people to the
accommodation.
Police in NSW will contact an 1800 number
that will link them to the Bail Assistance Line
for young people who need bail support.
Initially, the service will be piloted for 12
months in three locations across the Sydney
Metropolitan, Northern and Western Regions
of the department.
The Bail Assistance Line aims to:
• improve adherence to bail conditions by a
young person;
• increase attendance at court, as required;
• reduce the length of time that young
person spends on remand;
• reduce length of stay outside the family
home or other safe appropriate
accommodation;
• divert a young person from custody, where
appropriate; and
• increase community re-integration.
The department is a key partner agency in
implementing the Child Wellbeing Units
(CWUs). CWUs will be established in each
mandatory reporting agency by October 2009,
to drive better alignment and coordination of
non-statutory services and timely, appropriate
responses to children in need of assistance or
at risk of harm.
Youth Conduct Orders
The Youth Conduct Order (YCO) Pilot Scheme,
announced by the Attorney General’s
Department in late June, is aimed at reducing
levels of antisocial behaviour by targeting
children and young people charged with,
pleading guilty or found guilty of antisocial
behaviour offences.
The YCO scheme pilot will run for two years in
three locations (Campbelltown, Mount Druitt
and New England), starting 1 July 2009.
The department is working in partnership with
key stakeholders including the Department of
Premier and Cabinet, Attorney General’s
Department, NSW Police, the Departments of
Housing, Education and Training, and
Community Services to provide intensive case
management, aimed at addressing the cause
of the offenders’ antisocial behaviour. This
may include participation in education or
employment, as well as involvement in a range
of programs such as alcohol and drug
counselling or anger management. Youth
Conduct Orders will also have a component
where the young person will be restricted
from visiting specified places or being in the
company of a particular person and/or
engaging in behaviour that may cause
harassment, alarm or distress.
Changes to legislation
The Children (Detention Centres) Amendment
Act 2008 was assented to on 1 July 2008.
The amendment included provision for an
increase in the time period for restrictions on
participation in sports and leisure activities,
providing additional powers for staff to
respond to difficult behaviour.
The provisions of Division 1 (Admissions to
Detention Centres) of the amendment were
proclaimed on 13 February 2009 and have the
effect that any detainee over the age of 18
years is not to be admitted into a juvenile
justice centre if arrested pursuant to certain
warrants specific to the act.
The amendments to the Children (Detention
Centres) Regulation 2009 regarding detainee
critical dates commenced on 15 May 2009.
There has been significant research into
benefits of young people in custody
Overview: About the Department • Chapter 1 21
 developing community networks, positive peer
groups and community acceptance to assist
them, their families and the community to
break the juvenile crime cycle. The previous
legislation limited the number of detainees
who could participate in leave. The current
time frames will allow a structured approach
to detainees’ progress through outings, day
and overnight leave and section 24(1) c of the
Children (Detention Centres) Act 1987, which
allows sufficient time for assessment and
suitability between each type of leave.
The Bail Amendment (Authorised Justice)
Regulation 2009 came to effect on 12 June
2009. This means that Centre Managers and
Assistant Managers are now prescribed as
authorised justices for the purpose of signing
and exercising functions related to bail
undertakings.
Overseas delegations
Overseas interest in the NSW Juvenile Justice
system continues to be high with delegations
from China, Sweden, Vietnam and the USA
visiting during the year. These visits were
organised in partnership with the Human
Rights Commission and the Australian Political
Exchange Council:
Deputy Director General (Operations) Valda
Rusis presented a paper at the Children’s
Rights Workshop in Beijing in May 2009. The
trip was funded by the Australian Human
Rights Commission as part of their China-
Australia Human Rights Technical Cooperation
Program.
The department has been invited to present a
paper on Youth Justice Conferencing at the
‘International Seminar on Penal Mediation’ in
November 2009. The Italian Juvenile Justice
Department is funding the trip.
FINANCIAL SUMMARY
Total expenditure for the department in 2008-09
was $183.552 million. Expenditure for each
service category (including both direct and
indirect costs) is indicated in the chart below.
Youth Justice Conferencing $6.608M
Community-based services $55.616M
Custodial services $121.328M

• lawyers from the Beijing Children’s Legal

Aid and Research Centre visited on a
Children’s Rights Study Tour in October
2008;
• a delegation from the Vietnamese Supreme
People's Court visited November 2008;
• the Committee on Justice of the Swedish
Parliament in Australia and New Zealand
visited in January 2009;
• a delegation of lawyers and politicians
from the Philippines visited March 2009;
• a delegation from the Chinese Ministry of
Justice (MOJ) visited in April 2009; and
• a delegation from the USA visited in May
2009, and included a member of the US
House of Representatives, prosecutors and
county official.

The department has successfully partnered with

Newcastle City Council on a graffiti removal
program which involves young offenders removing
graffiti from various sites around Newcastle.

22 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

CHAPTER 2
YOUNG PEOPLE WITHIN THE
JUVENILE JUSTICE SYSTEM
 SOME CHARACTERISTICS OF
THE YOUNG PEOPLE WITH
WHOM WE WORK
Young people under the age of 18 who are
involved in crime represent a relatively small
proportion of the state’s population.
Records of the Department of Juvenile Justice
show that in 2008-09 for every 1000 people
aged 10-17 resident in NSW:
• 13.5 had a criminal matter finalised in the
Children's Court;
• 11 were convicted and / or sentenced in
these finalised matters;
• 3.3 were given sentences requiring the
department to supervise them in their
community, and
• 1.0 was sentenced to detention.
The factors that lead to young people
becoming involved in crime are complex and
varied but are often the same as those that
relate to the difficulties young people
experience in other aspects of their lives. They
can include, but are not limited to, alcohol
and substance abuse, poor parental
supervision, difficulties in school and
employment, negative peer associations, poor
personal and social skills, homelessness,
neglect and abuse.
Disabilities and mental health issues
People with disabilities are over-represented in
the justice system, with approximately 88 per
cent of young people in custody and 40 per
cent in the community reporting symptoms of
mental illness consistent with a clinical disorder.
The department, in partnership with Justice
Health, assesses and treats young people’s
mental health issues both in custody and in
the community. The department employs at
least one psychologist and an Alcohol and
Other Drug (AOD) counsellor in every juvenile
justice centre.
24 Juvenile Justice, Department of Human Services • Annual Report 2008-2009
Justice Health provides a psychiatric service to
each centre on a regular basis. On admission
to a juvenile justice centre, mental health
issues are identified through a screening
process designed to cover a range of mental
health, suicide, self-harm and drug-related
problems. The young person may then be
immediately referred to the centre’s psychologist
for further assessment, intervention and/or
referral to Justice Health psychiatric services.
An on-call telephone service is available
after-hours for consultation and liaison.
AOD counsellors provide treatment services to
young people in the community and in
custody. When necessary, a psychologist from
the department’s Forensic Mental Health
Program provides more detailed assessment
assistance to young people in custody or in
the community.
Juvenile Justice has also collaborated with
Justice Health on the development of a
Comprehensive Risk Assessment tool which is
used when young people are admitted into a
juvenile justice centre. This tool was developed
also in consultation with the Department of
Education and Training.
Juvenile Justice and Justice Health staff work
as a multi disciplinary team with the
Adolescent Health Community Integration
Team (CIT) to improve health outcomes and
advocate for young people with mental illness
and/or problematic drug and alcohol use or
dependence leaving custody.
Juvenile Justice and Justice Health have also
worked in partnership in managing the H1N1
Influenza virus in juvenile justice centres, and
implementing policies and procedures for the
management of any future pandemics.
Justice Health has recently opened the Bronte
Adolescent Unit which is part of the new
Forensic Hospital. New processes have been
implemented regarding the transfer of young
people who have significant mental health
issues between the Forensic Hospital and
juvenile justice centres.
Effective interventions
The department’s focus is on developing and
delivering strategies that will help young
people address their offending and antisocial
behaviour and successfully re-integrate into
their community.
To achieve this, the department provides a
range of programs and interventions within
the community and custodial environments
that are designed to address the needs of
young offenders. These include counselling
and group-work programs which focus on
young offenders’ alcohol and other drug
issues, programs for sex offenders and violent
offenders, and programs specific to Indigenous
and Torres Strait Islander youths. These
programs are available across the state and
are delivered to individuals and groups.
In addition to the programs and
interventions delivered by departmental
staff, the department has developed a range
of partnerships to assist young offenders.
These include the delivery of education
within juvenile justice centres, post-release
support and employment skilling programs,
disability support, health and mental health
support, and legal services.
A priority for the department is the over-
representation of young Aboriginal
offenders and young offenders under
fourteen years within the juvenile justice
system. To address these groups, the
department is enhancing current strategies
and developing new programs to provide
effective interventions. Initiatives such as
the Intensive Supervision Program will have
a clear focus on young Indigenous people
between the ages of 10 and 14.

A performance by Indigenous music group from the Northern Territory, B2M, at Riverina Juvenile
Justice Centre. The men performed rhythm and blues music, and spoke to the young offenders
about their life experiences and how they had arrived at where they are today.

Young People within the Juvenile Justice System • Chapter 2 25

 AGE CHARACTERISTICS OF OFFENDERS
The chart below gives an indication of the ages of young people who came into contact with the
department during 2008-09. Young offenders, both under community-based supervision and in
detention, are predominantly aged between 16 and 18.

Of the young offenders who attended a youth justice conference, a slightly higher proportion was
less than 16 years of age. There is little variation in the 2008-09 figures from previous years.

120% Age Characteristics of Offenders in Juvenile Justice in 2008-2009

100% 3.9
7.7 7.8
13.9

80%

44.7 48.1
54.2
60% 54.7

40%

47.6 47.9
20% 38
31.4

0%
Age at Youth Justice Age at Commencement Age at Admission to Age at Admission to
Conference of Community Supervision Remand Control

Percentage Less than 16 years Percentage 16 to 17 years Percentage 18 years and over
Source: DJJ RPE Standard Statistical Reporting Database.

Age characteristics of juvenile offenders in 2007-08

100%
5.4 8.7 4.2 21.0%

80%

46.6 55.0 46.9 53.9%

60%

40%

20% 48.0 36.3 48.9 25.0%

0%
Age at Youth Justice Age at Commencement Age at Admission to Age at Admission to
Conference of Community Supervision Remand Control

Under 16 years 16 to 17 years 18 years and over

26 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

GENDER OF YOUNG OFFENDERS
Young people in custody and on community service orders in NSW are predominantly young males
aged between 16 and 17 years of age. Young women make up a small percentage of juveniles in
custody, rising slightly to just over seven per cent in 2008-09.

The chart below shows the gender of young offenders in contact with the department in 2008-09.

Gender of Offenders in Juvenile Justice in 2008-2009

100%

90%

80%

70%

60% 82.0 81.5

85.3
92.8
50%

40%

30%

20%

10% 18.0 18.5

14.7
7.2
0%
Attending a Youth Under Community Remanded in Custody Sentenced to Detention
Justice Conference Based Supervision
Female Male

Gender of Offenders in Juvenile Justice in 2007-2008

100%

80%

60%
81.6 86.5 82.0 93.9

40%

20%

18.4 13.5 18.0 6.1

0%
Attending a Youth Under Community Remanded in Custody Sentenced to Detention
Justice Conference Based Supervision
Female Male

Young People within the Juvenile Justice System • Chapter 2 27

 ABORIGINAL AND TORRES STRAIT ISLANDER YOUNG PEOPLE IN
JUVENILE JUSTICE
NSW is home to the largest number of Indigenous people in Australia. Over 110,000 people in
NSW identify themselves as Aboriginal, and a further 4,000 identify as Torres Strait Islander. The challenges
Juvenile Justice faces in supporting our Aboriginal young offenders are diverse and complex.

The social, educational, health and law and justice outcomes for our Aboriginal population are significantly
lower than the non-Aboriginal population. This disadvantage plays a significant role in Aboriginal young
people coming into contact with the criminal justice system.

The following chart shows the proportion of those young people attending a youth justice conference or
undertaking court-ordered supervision by the department during the years 2004-05 to 2008-09 who were
Aboriginal and / or Torres Strait Islander.

Proportion of admissions of Aboriginal and Torres Strait Islander young people to Juvenile Justice
Attending a Youth Justice Conference Under Community Supervision
Sentenced to Detention Remanded in Custody
60%
56.3
54.7

50% 47.4 47.5 48.5

40% 39.5 38.8 39.6

37.8 37.3 37.9 37.5
35.8
33.2 34

30% 28.6
27 27.2 26

20.5
20%

10%

0%
2004-05 2005-06 2006-07 2007-08 2008-09

28 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

 Number of admissions of Aboriginal and Torres Strait Islander young people to Juvenile Justice
Attending a Youth Justice Conference
Sentenced to Detention
2500
2000
1611
1500 1453
1334
1232
946 992
1000
500
371
289
208 234
0
2004-05 2005-06 2006-07
To ensure a co-ordinated approach to
addressing the over-representation of
Aboriginal young people in the juvenile
justice system, the Department of Juvenile
Justice has developed the Aboriginal
Strategic Plan 2007–2011.
Guided by the principles of governance,
culture, community, success, service
delivery, and the recognition of the needs
of young people, the plan contains four
key outcome areas: community capacity,
staff, operations and diversion.
The plan establishes a strong platform
for well coordinated and targeted
interventions that aim to provide
improved responses and better
outcomes for Aboriginal and Torres
Strait Islander young people in NSW
who are involved with the department.
Young People within the Juvenile Justice System • Chapter 2
Under Community Supervision
Remanded in Custody
2012
1767
1512
1657
351 345
349
289 346 301
2007-08 2008-09
The initiatives implemented under the
Aboriginal Strategic Plan include:
• active recruitment and retention of
Aboriginal staff as well as providing non-
Indigenous staff with appropriate cultural
knowledge to work effectively with
Aboriginal young people;
• Juvenile Justice continues to be a leading
employer of Aboriginal people in NSW.
Approximately 10 per cent of the total
workforce is Aboriginal in positions ranging
across administrative, managerial and
front-line areas.
• supporting Aboriginal young people while
they are on bail to help them re-integrate
into the community and extending referral
of Aboriginal young people to Youth
Justice Conferencing where appropriate.
The department is reviewing the Aboriginal
Strategic Plan to further strengthen its capacity
to measure the quality and impact of services
and programs for Aboriginal clients, staff and
communities.
29
 Juvenile Justice recognises that key justice and
human services agency partnerships are
fundamental to addressing the over-
representation of Indigenous young people
within the juvenile justice system and is
committed to working closely with other
agencies to assist in addressing the needs of
young offenders and the community.
These agencies include Aboriginal Affairs, who
produce the Two Ways Together policy, and
the NSW Justice Department, which developed
the Aboriginal Community Justice Groups.
Juvenile Justice places a high value on
the identification, development and
implementation of culturally appropriate,
innovative and evidence-based programs that
specifically targets areas of offending risk
within the Indigenous youth population.
Continued improvements in employment rates
for Indigenous staff are vital in building a
responsive and effective juvenile justice system
which supports young people and understands
and respects Aboriginal and Torres Strait
Islander culture, families and communities.
Some of the department’s major activities in
relation to Indigenous issues during 2008-09
included:
strengthen its service delivery and
programs to support Aboriginal and Torres
Strait Islander young people, staff and the
communities with which it works;
• implementing the recommendations of the
Aboriginal Child Sexual Assault Taskforce.
Juvenile Justice leads three actions of the
Inter-agency Plan to tackle child sexual
abuse in Aboriginal communities. They
include a review of the child sexual assault
training package for Juvenile Justice staff
and supervisors; introduction of mandatory
personal safety / protective behaviours
courses in juvenile justice centre
programming that has an Aboriginal
component; and review of the current
Juvenile Sex Offender Programs provided in
juvenile detention and adaptation of
programs to the needs of Aboriginal young
sex offenders aged 10-17;
• participating in the Two Ways Together
Coordinating Committee; and
• a reworking of ‘Our Journey to Respect,’
the intergenerational anti-violence group
work program for Indigenous males. The
evaluation commenced following a
literature review, and staff and community
consultation.

• state-wide roll out of Dthina Yuwali, an

alcohol and other drugs group work
program for Indigenous young people;
• completion of the first year of the
Aboriginal Strategic Plan 2007-2011;
• commencement of the recruitment process
to employ two Cadet Aboriginal
Psychologists within the Metropolitan
Region;
• commencement of revision of the
Aboriginal Recruitment and Retention
Strategy;
• development of the Aboriginal Strategic
Advisory Committee’s strategic
management framework;
• completion of the 2008 and 2009
Aboriginal Staff Conference. The
conference aims to provide an opportunity
Partnerships between the department and
for Aboriginal and Torres Strait Islander
local councils enable young offenders on
staff to network with their colleagues Community Service Orders to clean up graffiti
and explore how the department can in the community.

30 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

CHAPTER 3
YOUTH JUSTICE CONFERENCING
 Youth justice conferences are a community
based approach to dealing with young people
who have committed a crime. Conferences are
a formal legal process based on the principles
of restorative justice. They bring young
offenders, their families and supporters face to
face with victims and their support people.
Together, they agree on a suitable outcome
that can include an apology, reasonable
reparation to victims, and steps to reconnect
the young person with their community in
order to help them desist from further
offending.
The department is responsible for the
administration of youth justice conferences
under Part 5 of the Young Offenders Act 1997.
In supporting this function, the department:
• appoints Assistant Managers (YJC) who
perform the function of a ‘Conference
Administrator’ under section 61 the Act to
undertake the functions specified in Part 5
of the Act;
• recruits, selects, trains and supports
Conference Convenors to prepare and
facilitate youth justice conferences;
• develops guidelines on the conduct of
conferences; and
• works collaboratively with key partners in
the implementation of the Act.
Conferences are available when young people
have committed offences that the Police,
Court or Director of Public Prosecutions (DPP)
determine are too serious to receive a warning
or caution, or they have exceeded their
maximum number of cautions. Not all young
offenders are eligible to be dealt with by way
of youth justice conference; some categories
of offences such as sexual assault, serious
drug offences, breaches of apprehended
violence orders, traffic offences, and offences
causing death can only be dealt with by a
Court.
32 Juvenile Justice, Department of Human Services • Annual Report 2008-2009
The primary objectives of Youth Justice
Conferencing are:
• assisting young offenders in taking
responsibility for their own behaviour;
• enhancing the role of victims of crime in
the decision-making process;
• ensuring that victims receive the
information they are entitled to;
• meeting the needs of both victim and
offender;
• ensuring that the young offender is linked
to appropriate developmental and support
services;
• recognising the place of a young offender’s
family and/or family group;
• affording young offenders the least
restrictive sanction appropriate in the
circumstances; and
• encouraging discussion between those
affected by the offending behaviour and
those who have committed it in order to
produce an agreed outcome plan.
During a conference, the victim is able to
respond to what happened, say how they felt
about the crime and suggest ways in which
the young offender may be able to repair the
harm caused. The victim may also suggest
actions that may be taken to ensure the young
offender does not make the same mistakes in
the future. All attending victims possess the
right to veto proposed plans with which they
are not satisfied.
Once the Police, Court or DPP determine a
conference is the most appropriate sanction, a
referral is made to the department under the
Young Offenders Act 1997. The department
considers the referral and, if deemed suitable,
allocates the matter to a convenor to prepare
and facilitate a conference.
The conference then determines an outcome
that is legally binding and the department
works with nominated community members
to closely monitor the completion of the
outcome plan.
KEY SERVICE MEASURES
In 2008-09, 1915 referrals for a youth justice
conference were accepted, which resulted in
1441 youth justice conferences being
facilitated.
There are a number of reasons why a referral
may not eventuate in a youth justice
conference. These reasons include:
• withdrawal of consent by the young
person;
• withdrawal by the Specialist Youth Officer;
• withdrawal by the Court or by the Director
of Public Prosecutions; or
• the young person fails to attend.
In 2008-09 the percentage of victims or their
representatives participating in youth justice
conferences was 50 per cent.
Outcome Plans completed –
5 year chart
Approximately 95 per cent of all young
offenders complete the required tasks of their
outcome plans.
Where a young person is deemed to have
failed to satisfactorily complete their outcome
plan, a notice is given to the police or the
court which referred the young person. This
notice includes an explanation of the
circumstances relating to non-completion.
The referrer may then decide to continue or
commence proceedings against a child.

The difference in the number of referrals

resulting in a conference and the number
of conferences facilitated is a result of
multiple referrals being dealt with in a
single conference, or joint conferences
being held for co-offenders.

Percent of Youth Justice Conferences Finalised and Outcome Plans Completed

96.0%

95
95.0%

94.0%
93
93
93.0%

92.0%
91
91.0% 91

90.0%

89.0%

88.0%
2004-05 2005-06 2006-07 2007-08 2008-09
Source: DJJ RPE Standard Statistical Reporting Database.
1. The Young Offenders Regulation 2004 allows six months for the completion of outcome plans, although the Director
General does have discretion to allow additional time if circumstances are exceptional.

Youth Justice Conferencing • Chapter 3 33

 KEY SERVICE MEASURES
Referrals to a youth justice conference 2007-08 2008-09

Total 1,725 1,915

Referred by Police 760 (44%) 828 (43%)
Referred by the Courts 965 (56%) 1,087 (57%)
Percentage of referrals to a youth justice conference for 13.4% 18.2%
‘victimless’ offences*
* Note: A ‘victimless offence’ is defined as one in which no person has suffered harm as a direct result of an act committed by a young
person, such as possession of a prohibited drug, possession of a knife or the use of offensive language.

Referrals resulting in a conference 2007-08 2008-09

Number of referrals accepted for conference 1,725 1,915

Number of referrals resulting in a youth justice conference 1,395 1,658
Conferences facilitated 1,199 1,441
Percentage of all referrals resulting in a youth justice conference 80.9% 86.6%

Participation in conferences 2007-08 2008-09

Number of young people participating in youth justice conferences 1,211 1,462

Total number of participants in youth justice conferences 4,599 5,152
Percentage participation of victims or representatives in 53.8% 50%
conferences held with identifiable victims

Outcomes 2007-08 2008-09

Number of outcome plans agreed on 1,315 from 1,321 1,448 from 1,454
and approved for referrals received referrals received referrals received
between July 2008 and June 2009 (99.5%) (99.6%)
Number of occasions where the referring 2 1
court did not approve the outcome plan
Number of occasions where the young offender and 4 7
victim were not able to agree to an outcome plan
Percentage of finalised outcome plans
that were successfully completed by 30 June 91.2% 95%
Note: The Young Offenders Regulation 2004 allows six months for the completion of outcome plans, although the Director General does have
discretion to allow additional time if circumstances are exceptional.

Indigenous Participation in Conferences

The proportion of eligible Aboriginal and Torres Strait Islander young people attending a Youth Justice
Conference was 20.5 per cent in 2008-09.

34 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

ACHIEVEMENTS
Establishment of the YJC Effective
Practice Committee
The YJC Effective Practice Committee held its
first meeting in December 2008. The
committee monitors state wide trends in
Youth Justice Conferencing referrals and
conferences. The committee also oversees
processes for convenor management, and
retention, convenor training process (in
partnership with the Operational Development
Unit) and provide advice and guidance to the
Senior Project Officer (YJC). It will be the
principal forum for the review of YJC
Guidelines prior to submission to the Area
Managers Forum and Operations Committee.
Review of current procedures and
practice to enhance the effectiveness
and efficiency of the scheme
The review of the Guidelines for the
Management and Conduct of Conferences
and the Recognition of Current Competency
were completed during the year.
Convenor selection and training
Youth Justice Conference Convenors are
statutory office holders appointed by the
Director General, or delegate. They are
recruited from the community and are
provided with four days of training to be
eligible for initial and continuing appointment.
All trainees are assessed before being
recommended for appointment. In 2008-09,
the recruitment and training of convenors
became centrally coordinated by the Human
Resources Recruitment Team and the
Operational Development Unit (ODU). Central
co-ordination will ensure standardised training
for convenors and streamline processes. Fifty
new convenors were trained during the year.
The department endeavours to recruit
representatives from all aspects of the
community, especially Aboriginal and Torres
Strait Islanders and culturally and linguistically
diverse people.
The convenor training manual and associated
resources were further developed, and a
revised package and facilitation model was
piloted at the Yasmar Training Facility in April.
Subsequent training courses were held at
Dubbo and Newcastle.
Increase in the rate of pay for
Conference Convenors
The Minister for Juvenile Justice approved a
pay increase for Conference Convenors
effective from 27 October 2008.
Collaboration with the Community
Relations Commission
The aim of this project is to engage
community representatives to assist in the
preparation of conferences for young people
from culturally and linguistically diverse
backgrounds to ensure the department best
meets the needs of this client group.
Training of 20 respected community members,
working as volunteers, was held in September
and October 2008. The project is being piloted
in the Fairfield and Petersham areas
encompassing Holroyd, Hurstville, Granville,
Campsie, Fairfield, Auburn, Bankstown,
Burwood and Cabramatta Police Local Area
Commands.
Promotional material
All promotional material was upgraded to
improve information for conference
participants and educate the wider community
of the aims and process of Youth Justice
Conferencing.
Internal Audit Bureau (IAB) review
The IAB conducted a compliance audit of
three Youth Justice Conferencing offices.
Offices audited were Campbelltown, Dubbo
and Newcastle. The IAB audit reviewed
compliance with legislative time frames,
adherence to departmental procedures and
the cost of conferences in all three locations.
A draft report is expected in August 2009.
Youth Justice Conferencing • Chapter 3 35
 PLANNED INITIATIVES FOR
2009–10
PARTNERS
NSW Police
The Department of Juvenile Justice and NSW
Police will continue to collaborate in the
delivery of specific training to key police officers.
The successful completion of Specialist Youth
Officer (SYO) Training is a prerequisite to their
appointment, by the Commissioner of the
Police, as an SYO with the power to make
primary decisions about how young offenders
are dealt with under the Act.
The department, in conjunction with the NSW
Police, will be reviewing the existing protocols
relating to the administration of Part 5 of the
Young Offenders Act during 2009–10. The
review will involve a collaborative process
including key personnel from both agencies.
The Young Offenders Regulation 2004 was
amended in June 2009 to mandate outcomes
for graffiti offenders. As a result, youth justice
conference outcomes for graffiti-related
offences will require young offenders to agree
to either:
• clean up graffiti or perform other available
community service work;
• pay compensation to their victim; or
• participate in training or education
programs.
Juvenile Justice will continue working with
NSW Police to ensure appropriate young
offenders are referred to youth justice
conferences, including for graffiti-related
offences.
Juvenile Justice will continue to foster positive
relationships with local councils, educational
and vocational institutions to ensure young
offenders have every opportunity to fulfil the
requirements of the new regulation.
36 Juvenile Justice, Department of Human Services • Annual Report 2008-2009
Attorney General’s Department
The Attorney General’s Department is
responsible for the overall operations of the Act.
As the department with overall responsibility
for the operation of the Act, the Attorney
General’s Department works closely with the
department and NSW Police to achieve the
objectives of the Act.
The department will continue to work with
the Attorney General’s Department in the
remaking of the Young Offenders Regulation
2004 which is due for repeal in September
2009.
NSW Fire Brigades
Wherever possible the NSW Fire Brigades
provides a representative to attend each
conference for fire-related offences. The
representative provides input to assist in the
production of a suitable, workable and
consistent section of the outcome plan. During
2009–10 the department will negotiate with
NSW Fire Brigades regarding the updating of
the current Memorandum of Understanding
and Guidelines.
Youth Justice Coalition
The Youth Justice Coalition is a network of
youth workers, children’s lawyers, policy
workers and academics who work to promote
the rights of children and young people in
NSW and across Australia. The coalition gave
permission for the department to reproduce
the DVD ‘Joe’s Conference,’ an educational
tool about conferencing, for which the
coalition holds the copyright.
Intellectually Disability Rights Service
(IDRS)
The department is working with the IDRS to
improve support provided to young people
and victims of crime who have an intellectual
disability and are participating in a conference.
This work expands on the Additional Support
Guidelines developed in 2007-08 and will
focus on inter-agency promotion, education
and training.
CASE STUDIES
• A young person was referred for a youth
justice conference for an offence of
Break and Enter.
The outcome plan agreed to at the youth
justice conference included voluntary
work with a local charity. The young
person completed voluntary work and
received positive acknowledgement from
volunteers at the charity. Since
completing the outcome plan, the young
person has continued voluntary work and
is attending the charity every Saturday to
assist in the pick-up and delivery of
donated furniture. The young person
continued to volunteer for three months
following the youth justice conference.

• A young person was referred for

malicious damage of school property.
The young person had damaged a
garden within the school grounds.
The young person and victim agreed to
an outcome plan which included planting
a new garden at the school. The young
person also agreed to purchase $50
worth of replacement plants.

Upon completion of the garden, the

school sent the young person a personal
letter of thanks. Since the conference
the young person has commenced a
Horticultural course at TAFE and has
obtained a part time job at a local nursery.

Youth Justice Conferencing • Chapter 3 37

 In partnership with TAFE Outreach, the
department’s Community Services office in
Petersham created ‘Youth Pathways to Education,
Employment and Training’, a hands-on education
program for young people on supervision in the
community who are not participating in
mainstream education.

38 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

CHAPTER 4
YOUNG OFFENDERS IN THE COMMUNITY
 YOUNG OFFENDERS IN THE
COMMUNITY
Interventions delivered through the
community-based services arm of the
department aim to reduce re-offending by
young offenders through intensive case
management strategies provided by
professional staff, consolidating partnerships
with other agencies and offence-focussed
programs.
The courts may require that the department
supervise some young offenders who receive
community-based penalties such as good
behaviour bonds and probation orders. The
department is required to supervise all
community service work orders, parole orders
and suspended sentences.
There are 34 Juvenile Justice Community
Services offices across the state. These offices
comprise of juvenile justice officers, Alcohol
and Other Drug (AOD) counsellors, other
specialist and generalist counsellors, Aboriginal
program support officers and general
administrative staff.
Services provided from Juvenile Justice
Community Services offices include:
• assessment reports prepared to assist
courts in determining sentences;
KEY SERVICE MEASURES
Community Supervision
Number of background reports and assessments
completed for young offenders appearing at court
Number of individual young offenders supervised
in the community
Number of hours of community service work
allocated to young offenders
Source: DJJ RPE Standard Statistical Reporting Database.
40 Juvenile Justice, Department of Human Services • Annual Report 2008-2009
• court-directed supervision of young
offenders placed on good behaviour
bonds, probation, community service or
parole orders and suspended sentences;
• support for young people with problems
seeking bail or those remanded in custody;
• the provision of counselling with a focus
on alcohol and other drug misuse,
generalist counselling, group work, living
skills and the provision of forensic and
other psychological testing and assessment;
and
• specialist programs including a AOD
program, a sex offender program and a
violent offender program.
Casework management and extensive
networking with other government and
community-based services assist staff in
supporting young offenders to address
their offending behaviour and comply
with court orders.
Through case management, staff assess and
develop interventions to address the individual
offending behaviour of these young people.
This can include finding accommodation,
dealing with relationship difficulties, finding
employment, developing employment skills,
and supporting the young person's return
to school.
2007-08 Number 2008-09 Number
3,391 4,271
3,619 4,007
33,363 39,450
 Number of Community-based orders commencing
5000
4554
4500

4000 3896

3500
3121
3000
2692
Numbers

2508
2500

2000

1500

1000

500

0
2004~2005 2005~2006 2006~2007 2007~2008 2008~2009

Source: DJJ RPE Standard Statistical Reporting Database.

Number of Community-based orders completed

No - completed %- completed
100.0%

5000 86.1% 90.0%

82.9% 82.4% 85.5%
81.3%
80.0%
4000 3779 70.0%

60.0%
3000 2796
Numbers

50.0%
2161 2175
2032 40.0%
2000
30.0%

1000 20.0%

10.0%

0 0.0%
2004~2005 2005~2006 2006~2007 2007~2008 2008~2009

Source: DJJ RPE Standard Statistical Reporting Database

Successful completion = all community-based orders with an order end-date in the financial year
without a termination reason.

Unsuccessful completion = all community-based orders with an order end-date in the financial year
with a termination reason.

Termination reason = a young person was in breach of their order; or received a control order to a
juvenile justice centre; or defaulted on a fine or community service order was revoked.

Youth Offenders in the Community • Chapter 4 41

 COMMUNITY-BASED
PARTNERSHIPS
The department works closely with various
government agencies including the
Department of Education and Training, NSW
Police, NSW Health, Justice Health, the
Department of Ageing, Disability and Home
Care (DADHC), the Department of Community
Services (DoCS) and Centrelink in the delivery
of services and programs for young offenders
in the community.
The department continues to work jointly with
DoCS to improve the delivery of services for
children and young people under the parental
responsibility of the Minister for Community
Services and who are also clients of Juvenile
Justice. A Memorandum of Understanding
(MOU) that outlines the roles and
responsibilities of both departments guides
this inter-agency approach.
The department has worked closely with
DADHC to develop a MOU regarding working
with young people who are joint clients.
This MOU outlines the responsibilities for
each department in the management of
shared clients.
The department works in partnership with a
number of community agencies to provide
services to young offenders. The Community
Funding Program (CFP) of the department
allocates funding primarily to community
agencies, to deliver six different types of
programs. Program types include the
following:
• Post Release Support Programs
• Accommodation Support Programs
• Local Offender Programs
• Alcohol and Other Drug Programs
• The Employment Skilling Program
• The Children’s Visiting Legal Service
At the local Juvenile Justice Community
Services offices, department staff develop and
maintain relationships with non-government
organisations. This is a vital part of their role in
order to facilitate referrals for young people to
appropriate services and to address issues
42 Juvenile Justice, Department of Human Services • Annual Report 2008-2009
identified in a young person’s case plan. Non-
government organisations provide services
such as accommodation, employment support,
alternative educational placements, youth
mentoring, cultural programs, adolescent
counselling, and support to parents and
families of young offenders.
Juvenile Justice staff in the community attend
local non government inter-agency meetings
in order to ensure that young offenders have
access to services in their areas. In addition,
staff participate on non-government
committees in order to highlight the need to
provide services for juvenile justice clients and
their families.
YOUTH DRUG AND ALCOHOL
COURT
The Youth Drug and Alcohol Court (YDAC)
program combines assessments and
interventions from several government
departments and non government
organisations.
The interventions are targeted towards
entrenched, recidivist young offenders with
significant drug and / or alcohol
involvement whose offending is closely
linked to this substance misuse and who
would otherwise be facing the probability
of a custodial sentence.
On 20 April 2009, a delegation from the
Ministry of Justice China visited YDAC. The
delegation discussed the roles and functions
of YDAC and they visited the court. The
Chinese delegation were highly impressed
with the program as a unique mechanism for
addressing the particular needs of offenders
with drug and alcohol dependencies in order
to reduce re-offending and promote
rehabilitation. The delegation noted that
regardless of the cultural and political
difference existing between the two
countries many of the issues faced were
similar. The insight into the YDAC program
was able to provide the delegation to assist
with efforts to ensure that the reform of the
justice system in China develops ways that
are consistent with the protection and
promotion of human rights.
COMMUNITY-BASED PROGRAMS
IN 2008-09 INCLUDED:
Youth Pathways to Education,
Employment and Training
The successful Youth Pathways to Education,
Employment and Training (YPEET) program
continued in the community, after its
development in June 2007. The program is a
local partnership between TAFE Outreach
(Petersham) and the department’s Juvenile
Justice Community Services office in
Petersham. YPEET was specifically developed
as an educational-based program for young
people who had disengaged from the
mainstream educational system and are
supervised within the community by the
Department of Juvenile Justice.
YPEET supports young people reduce their risk
of re-offending through positive engagement
and participation in the educational, vocational
and future employment pathways. Since its
inception, eight pilot programs have been
undertaken. As of June 2009, five programs
have been undertaken through the originating
Petersham JJCS partnership and a further
three pilots are being undertaken through the
partnership between TAFE Outreach
(Meadowbank) and the Department of
Juvenile Justice (Blacktown East Office).
Shoalhaven Safe Community
Aboriginal Partnership
The Shoalhaven Safe Community Aboriginal
Partnership (SSCAP) provides a single point
of contact and consultation for Aboriginal
people in the Shoalhaven area. Local working
groups have been established to work with
government agencies and other service
providers to develop community-driven
approaches that meet the community’s needs.
The partnership was established in 2008.
Targeted Youth Support Program
A range of relevant educational, vocational,
recreational and cultural programs are
provided to young people on a regular and
ongoing basis. The goal is to increase
opportunities for Juvenile Justice clients who
experience difficulties in accessing a range of
vocational and recreational programs.
Youth Offenders in the Community • Chapter 4
Community Intervention Team
(Northern Region)
The program consists of a Justice Health Nurse
(Clinician) attached to the Juvenile Justice
Community Services office, and covers young
people from the Central Coast area, Newcastle
and Maitland.
Referrals are accepted from Justice Health
(Centres) and from departmental staff for
young people who enter custody and have a
mental illness and or problematic drug and
alcohol use or dependence.
The young people must be referred whilst in
custody or within seven days of release from
custody.
The aim of the Community Intervention Team
is to coordinate integrated, ongoing care for
young people, to aid successful reintegration
into the community. Care is coordinated prior
to and during the critical post release period
with links made to appropriate specialist and
generalist community services.
Western Region Family Intervention
Model
The Western Region has implemented the
Collaborative Family Work Model developed in
consultation with Dr Chris Trotter from
Monash University. Dr Trotter facilitated
Collaborative Family Work training for staff
participating in the project. The ‘Act Now
Together Strong’ is a model that works with
parents/guardians to enhance parenting skills
and develop solutions to problems within the
family. The model is supported by a structure
that was developed within the region to
specifically work with Aboriginal young people
and their families. The ‘Act Now Together
Strong’ model will be piloted from May 2009
–November 2009 with an evaluation planned
at the conclusion.
Dthina Yuwali
Dthina Yuwali is a group work program
developed by Juvenile Justice Aboriginal staff
for Aboriginal young people with substance
related offending. The program focuses on the
relationship between substance use and
pathways to offending where young people
track their behaviour like footprints and
43
 develop skills over three distinct stages to
assist them in managing their substance use
and offending behaviour.
Dthina Yuwali was piloted on five occasions
with the participation of young men and
young women from Metropolitan, Rural and
Regional locations in NSW. Following the
success of the pilots, the program manual was
completed in 2008 and the first phase of staff
training completed during 2009. Forty-four
Juvenile Justice staff members were trained
between April and June 2009 to deliver Dthina
Yuwali in both custodial and community-based
settings. Further training is scheduled for
November 2009 and May 2010 including the
distribution of program resource kits which
will allow delivery to be extended.
Sex Offender Program
The Sex Offender Program (SOP) has been
comprehensively re-developed and is being
piloted at a number of sites around NSW
during 2009. The new program takes into
consideration the recommendations from the
review of the SOP undertaken in 2006,
literature and best practice interventions that
focus on the individual needs of a young
person as well as the criminogenic factors
relevant to a young person who has offended.
The Intensive Supervision Program
The Intensive Supervision Program (ISP) in
NSW, which has been in operation since May
2008, is based on the multi-systemic therapy
model that has delivered significant reductions
in the long-term rates of re-offending in
Western Australia, New Zealand, the United
States, Canada and nine countries throughout
Europe.
The program is specifically aimed at juveniles
who commit serious and / or repeat offences.
A range of issues are addressed including
substance abuse, financial problems, housing
needs, family conflict and negative peer
pressure. The program deals not only with
behavioural problems specific to the young
offender, but assists in tackling underlying
problems within their family as well as their
relationships in the wider community.
44 Juvenile Justice, Department of Human Services • Annual Report 2008-2009
The Newcastle and Western Sydney programs
were established as the two ISP treatment
sites. The ISP team consists of trained
clinicians, a clinical supervisor and an
Aboriginal team advisor, who work
systemically with each young person on an
individual, family and community level. The
Aboriginal team advisors work with the
clinicians and families to ensure cross-cultural
sensitivity, and monitor to ensure the
interventions are best matched to the needs of
Aboriginal clients, families and communities.
The team meet with young offenders and
their families to provide parents with the skills
and resources to independently address
antisocial behaviour and provide juveniles with
the skills to successfully adjust to family, peer,
school and neighbourhood demands. The
team also work with the young person’s
school teachers, principals, and the NSW
Police, and develop positive inter-agency links
that help families and juveniles access
appropriate services.
As at 30 June, 2009, 27 families out of 35 (77
per cent) had successfully completed the ISP.
For those who did not complete the program,
three families had moved out of the ISP service
area; four families had suspended their
participation in the ISP due to their child
returning to custody but later returned to the
program; and one family’s child went into long
term custody.
As at 30 June, 2009, 11 Aboriginal and Torres
Strait Islander (ATSI) families out of 15 (73 per
cent) had successfully completed the ISP. Of
the four (ATSI) families that did not
successfully complete the ISP, one family
moved out of the service area; two had
suspended their participation in the ISP due to
their child returning to custody but later
returned to the program; and one family’s
child went in for long term custody.
Community Service Orders
The department reviewed the policy and
procedures for Community Services Orders
ensuring clearer guidelines for staff and
participating agencies that work with young
offenders on community service sites. The
changes included improved record keeping
and a structured system for field visits to
monitor community service work.
The department has recruited extra staff to
provide additional support to young offenders,
and sourced additional therapeutic programs
to ensure that the young people are able to
meet the programmatic conditions of their
court orders. At times this also includes
brokering services when required.
NSW Treasury allocated $1.556M for the
2008/09 financial year to meet the costs of
implementing these amendments.
Approximately 91 per cent of community-based
orders were successfully completed in 2008/09.
MAJOR ACHIEVEMENTS AND
PLANNED INITIATIVES
The department has continued to consolidate
the organisation’s move towards evidence-
based practice including the development of
the effective practice model, a quality
assurance framework and the review of
training for community services staff.
Changing Habits and Reaching Targets
The department will be implementing Changing
Habits and Reaching Targets (CHART), a new
cognitive-behavioural approach for
community-based officers in late 2009.
The program was developed in Victoria, and
helps young people change their thinking and
decision-making processes and ultimately, their
offending behaviour. Additional training to
support the implementation of CHART was
delivered to all community based staff in 2009.
Our Journey to Respect
Our Journey to Respect is a 12-session group
work program for young, male, Aboriginal
offenders that aims to reduce the incidence of
inter-generational violence. The program is
being comprehensively reviewed with the aim
of broadening its applicability to address
violent offending outside of a family context.
Alcohol and Other Drug Program
(AOD) Treatment Pathway
Stage 1 of this program has been completed.
Stage 2 and 3 of this program are currently
being developed. The development and
Youth Offenders in the Community • Chapter 4
implementation of the program will be
completed during 2009-10.
Stage 2 is also known as the PRO-FILE
program (Personal Review of Offences File)
and is being designed as a precursor to Stage
3, of the pathway that is being developed
with the National Drug and Alcohol Research
Centre (NDARC).
PRO-FILE is designed for clients with low
literacy levels and offending behaviour that is
directly related to substance misuse.
Stage 3 of the AOD Treatment Pathway which
will focus on the acquisition of skills for the
prevention of relapse to substance use and
offending behaviour. Due to the low level of
literacy in the young offender population, the
intervention material has been designed using
graphics.
Community Services Orders Probation
Changes
A number of amendments to the Children
(Community Services Orders) Act 1987 were
passed in the Upper House in 2008. These
amendments permit the Court to impose a
Community Service Order as a condition of a
Probation Order for a single serious offence
and the definition of community work now
includes a range of options including
reparation work, personal development,
educational or other programs.
The department has reviewed the policy and
procedures for Community Services Orders to
ensure clearer guidelines for staff and
participating agencies working with young
offenders on community service sites. The
changes include; improved record-keeping and
a structured system for field visits to monitor
community service work. The department has
recruited extra staff to provide additional
support to young offenders, and source
additional therapeutic programs to ensure that
the young people are able to meet the
conditions of their court orders. This also
includes brokering services when required.
45
 Professional Development for Bail Supervision and Support Service
Assistant Managers in the Community Community-based staff work with young
The department has assessed the training people, court officials and other service
requirements for Assistant Managers in providers to ensure that where appropriate,
Juvenile Justice Community Services (JJCS). young people are able to remain in the
community whilst being supervised for
Major components of Assistant Manager’s compliance with bail conditions.
work have been examined and following
analysis a number of priorities have been
identified including training in CIMS, Quality Year 2006-07 2007-08 2008-09
assurance, Families, Practice staff Supervision,
Legislation and JJCS Policies and Procedures. Remand 5,303 6,775 6,121
interventions
Consequently, the department will be
developing training specific to the needs Bail 988 1,149 980
of Assistant Managers. This training will supervisions
improve the practice in the Juvenile Justice
Community Services.

Comprehensive Assessment Format

The department’s Comprehensive Assessment
Format was piloted during 2008 and then
evaluated by Dr Chris Trotter from Monash
University in February 2009. The format will
be revised to include the recommendations
from the evaluation and be circulated for
community-based staff for the purpose of
assessment. There will be further consultation
with staff regarding state-wide implementation.

The Program Development and

Evaluation Frameworks
Frameworks have been developed based on
current international literature to guide the
development, monitoring and evaluation of
best practice programs.

The Program Development Framework will be

useful as a working document to those who
intend to develop new programs or purchase
off-the-shelf programs.

Programs Branch uses the framework to

ensure its programs meet the international
best practice standards.

46 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

 Number of bail supervisions
1400
1300
1200 1149
1100
1000 988 980

900
800
Numbers

700
593
600 548
500
400
300
200
100
0
2004-05 2005-06 2006-07 2007-08 2008-09
Financial Year
Note: 1. Data Source: DJJ RPE Standard Statistical Reporting Database.

Number of remand interventions

7500
7000 6775
6500 6121
6000
5500 5303
5000
Numbers

4500 4154
4000 3528
3500
3000
2500
2000
1500
1000
500
0
2004-05 2005-06 2006-07 2007-08 2008-09
Financial Year
Note: 1. Data Source: DJJ RPE Standard Statisticl Reporting Database.

Youth Offenders in the Community • Chapter 4 47

 Bail Assistance Line
The Wood report on the Inquiry into
Child Protection Services in NSW 2008
recommended the establishment of an
after-hours Bail Assistance Line similar to
the Victorian model.

The department’s proposal was based on the

successful Victorian model where 24 per cent
of young people referred to the service were
assessed as eligible for bail. Victoria’s success
with the model is attributed to making it
mandatory for NSW Police to use a bail
assistance line after a young person has been
apprehended.

The department recognises that the period

between arrest and sentencing presents a
unique window of opportunity for the
department to intervene effectively with the
co-operation of other agencies in order to
divert young people from unnecessary
incarceration.

The Bail Assistance Line will aim to reduce the

numbers of young people held in custody
pending a court outcome that could be
released on bail and supervised more cost
effectively and efficiently in the community.

Young offenders at juvenile justice centres across NSW

commemorated ANZAC Day ensuring the sacrifices of
servicemen and women were not forgotten.

48 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

CHAPTER 5
YOUNG PEOPLE IN CUSTODY
 YOUNG PEOPLE IN CUSTODY
As at 30 June 2009 there are nine juvenile
justice centres across NSW.
All custodial facilities provide:
• secure accommodation for young people
remanded into custody or sentenced to a
period of custody by the courts;
• counselling and programs to enable young
people to address their offending
behaviour and other related issues, such as
drug and alcohol abuse;
• a full range of health services provided by
Justice Health;
• educational and vocational programs (in
partnership with the Department of
Education and Training); and
• individual case management, to identify
and address the needs of young people in
custody and to plan their community
reintegration.
The department opened the Emu Plains
Juvenile Justice Centre, in October 2008, to
accommodate short-term detainees and
operate as an annexe of Cobham Juvenile
Justice Centre at St Marys. These detainees are
admitted to Cobham and assessed for their
suitability for Emu Plains before being
transferred to that facility.
After a staged increase in detainee numbers
over three months, Emu Plains Juvenile Justice
Centre became fully operational in January
2009. At 30 June 2009, the centre had a
detainee capacity of 50 beds across four
accommodation units.
Broken Hill Juvenile Justice Centre operates
as an annexe of Orana Juvenile Justice
Centre and is used for short-term
accommodation with a maximum bed
capacity for eight young people.
Juniperina Juvenile Justice Centre at
Lidcombe was purpose-built for girls and
young women and provides accommodation
for girls and young women in detention on
control orders or remand. It is the only such
facility in Australia.
50 Juvenile Justice, Department of Human Services • Annual Report 2008-2009
Reiby Juvenile Justice Centre at Campbelltown
accommodates male detainees under the age
of 16 years, with a particular focus on
addressing the special needs of 10 to 16 year
old detainees with behavioural difficulties.
Keelong Juvenile Justice Centre at Unanderra
south of Wollongong closed on 27 February
2009. The centre, which had capacity for up
to 23 detainees, was the oldest juvenile justice
centre in the state, having been in operation
since 1976.
The department’s operational bed capacity at
the end of the financial year was 449.
For 2008-09, staff at juvenile justice centres
included clerical and administrative staff,
youth officers, unit coordinators, unit
managers, psychologists, counselors,
vocational instructors and management staff.
However, from 1 July 2009, staffing
arrangements in juvenile justice centres will
change as a result of the review of the
department’s custodial services.
SERVICES PROVIDED TO
YOUNG PEOPLE
Juvenile justice centres have daily routines for
the activities and programs undertaken by the
detainee. The purpose of the routine is to
ensure that juvenile justice centre life is
structured and predictable and that time for
both staff and detainees is constructive and
meaningful.
The NSW Department of Education and
Training (DET) delivers education and training
programs through the education and training
units within juvenile justice centres. DET
provides vocational and literacy and numeracy
programs at remedial and general levels as
well as school certificate and higher school
certificate courses. Detainees participate in
accredited school and TAFE programs and
some detainees are studying at university level.
Vocational and TAFE-accredited programs
conducted in centres include: building and
construction; automotive operations;
commercial cleaning; horticulture; laundry
operations; food handling and hygiene.
The department also provides a range of
developmental and activity-based programs
in juvenile justice centres. Developmental
programs focus on personal development
and include programs such as living skills
(including budgeting and cooking);
parenting; spiritual and cultural programs.
Activity-based programs include craft, sport
and relaxation programs.
Each juvenile justice centre continues to
deliver a wide range of outdoor programs and
activities including sporting and health-focused
activities such as: swimming lessons; athletics
coaching; football and other team sports; and
gymnastics.
The Civil Chaplains Advisory Committee
(CCAC) coordinates the full-time and part-
time chaplains engaged by the department to
provide religious and spiritual support and
counsel to young people in juvenile justice
custody. This includes non-Christian faiths
including Islam and Buddhism. A Memorandum
of Understanding (MOU) was developed in
February 2008 to cover the service delivery
arrangements with the CCAC. The MOU
provides funding for Aboriginal Chaplaincy,
which is a chaplaincy service specifically for
Aboriginal young people detained in juvenile
justice facilities.
KEY SERVICE MEASURES
Custody
Average daily number of young people in custody
Average daily number of young women in custody
Average daily number of young people of
Aboriginal and/or Torres Strait Islander background
Average daily number of young people
serving custodial sentences
Average daily number of young people remanded in
custody awaiting the finalisation of court proceedings
Source: DJJ RPE Standard Statistical Reporting Database.
Official Visitors are appointed by the Minister
for Juvenile Justice to monitor the services of,
and conditions in, juvenile justice centres,
provide advocacy and support to detainees,
and report bi-annually to the Minister.
Justice Health provides health care services to
detainees, with a registered nurse based at
each juvenile justice centre. Local medical
practitioners regularly visit each centre for
the medical assessment and treatment of
clients. Consultant psychiatrists provide
professional assessment and treatment of
young people as necessary.
Justice Health also delivers health education
programs in centres. Areas covered include:
a range of adolescent health issues including:
sexual development and sexually transmitted
diseases; contraception; childbirth and
parenting skills; food and nutrition; and
dental health.
Each juvenile justice centre has at least
one psychologist to provide a range of
psychological services to clients, including
assessment, counselling and group work.
Alcohol and Other Drug counsellors assist
young offenders to deal with drug and
alcohol problems. The department also
delivers programs designed to address
offending behaviour, including programs
that are specifically targeted to assist
Aboriginal young people.
2007-08 2008-09
390 427
27 31
200 205
180 200
210 227
Youth People in Custody • Chapter 5 51
 Admissions to juvenile justice centres
Remand Control
6000

623
5000 711
514

4000 468
412
Numbers

3000
5081
4634
4263
2000
3444 3623

1000

0
2004-2005 2005-2006 2006-2007 2007-2008 2008-2009

Note:
1. Data Source: DJJ RPE Standard Statistical Reporting Database.
2. Kariong is excluded from ALL years.

500 Average Daily Number of Young People in Custody

450 427
400 390

350 331
309
300 283

250

200

150

100

50

0
2004~2005 2005~2006 2006~2007 2008~2008 2007~2009

Source: DJJ RPE Standard Statistical Reporting Database.

RATE OF SAFETY AND SECURITY INCIDENTS

Rate of safety/security breaches per 1000 admissions 2006-07 2007-08 2008-09

* number of deaths in custody 0 0 0

* self-harm incidents 20 22 43
* assaults on staff 9 12 11
* detainee on detainee assaults 57 78 58
* escapes from secure perimeter 0 0 0.8
* security breaches 28 93 67

* Note: Increases in security breaches between 06-09 reflects more rigorous reporting of breaches. Most involve contraband such as tobacco.

52 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

 Days

120
140
160
180
200
220
240
260
280

0
50
100
150
200
250
30-Jun-08 to 06-Jul-08
07-Jul-08 to 13-Jul-08

Note:
14-Jul-08 to 20-Jul-08

Note:
21-Jul-08 to 27-Jul-08
28-Jul-08 to 03-Aug-08

193
04-Aug-08 to 10-Aug-08
11-Aug-08 to 17-Aug-08

118

2004-05
18-Aug-08 to 24-Aug-08

2. Kariong is excluded.
25-Aug-08 to 31-Aug-08
01-Sep-08 to 07-Sep-08
08-Sep-08 to 14-Sep-08
15-Sep-08 to 21-Sep-08
22-Sep-08 to 28-Sep-08

183
29-Sep-08 to 05-Oct-08
06-Oct-08 to 12-Oct-08

2. Kariong is excluded from ALL years.

13-Oct-08 to 19-Oct-08

119

2005-06
20-Oct-08 to 26-Oct-08
27-Oct-08 to 02-Nov-08
03-Nov-08 to 09-Nov-08
10-Nov-08 to 06-Nov-08
17-Nov-08 to 23-Nov-08

Average
24-Nov-08 to 30-Nov-08

158
01-Dec-08 to 07-Dec-08
Remand

08-Dec-08 to 04-Dec-08

Year
15-Dec-08 to 21-Dec-08

110

2006-07
22-Dec-08 to 28-Dec-08

1. Data Source: DJJ RPE Standard Statistical Reporting Database.

29-Dec-08 to 04-Jan-09

Week

Median
05-Jan-09 to 11-Jan-09
12-Jan-09 to 18-Jan-09
19-Jan-09 to 15-Jan-09
26-Jan-09 to 01-Feb-09

185
02-Feb-09 to 08-Feb-09
09-Feb-09 to 15-Feb-09
16-Feb-09 to 22-Feb-09

119
Control

2007-08
23-Feb-09 to 01-Mar-09
02-Mar-09 to 08-Mar-09
09-Mar-09 to 15-Mar-09

Length of Stay for Young People in Custody on Control

16-Mar-09 to 22-Mar-09
23-Mar-09 to 29-Mar-09
30-Mar-09 to 05-Apr-09

177
06-Apr-09 to 12-Apr-09
13-Apr-09 to 19-Apr-09
20-Apr-09 to 26-Apr-09

124

2008-09
27-Apr-09 to 03-May-09
04-May-09 to 10-May-09
11-May-09 to 17-May-09
1. Data Source: DJJ RPE Live Database. Data is extracted weekly on the Tuesday following the end date for each week.

Youth People in Custody • Chapter 5

18-May-09 to 24-May-09
Average Daily Number of Young People in Custody by Week and Legal Status

25-May-09 to 31-May-09
01-Jun-09 to 07-Jun-09
08-Jun-09 to 14-Jun-09
15-Jun-09 to 21-Jun-09
22-Jun-09 to 28-Jun-09
As this is taken from a live database figures are subject to change. Due to rounding and missing data, figures may not add up to total.

53
 Proportion of young people with a Remand episode who receive,
or do not recieve a Control order within 12 months
Receive a Control Order Do not recieve a Control Order
90%
82.3 82.2 81.7
80% 77.1 78.3

70%

60%

50%

40%

30%
22.9 21.7
20% 17.7 17.8 18.3

10%

0%
2004-05 2005-06 2006-07 2007-08 2008-09

Number of Young People remaining in custody after granted conditional bail

1000
and unable to meet conditions
928
900 855

800
732
700

600 568

500 474

400

300

200

100

0
2004-05 2005-06 2006-07 2007-08 2008-09

Note: 1. Data Source: DJJ RPE Standard Statistical Reporting Database.

Average number of days Young People are remaining in custody after

12 granted conditional bail and unable to meet conditions

10
10
9 9 9 9

8
Days

0
2004-05 2005-06 2006-07 2007-08 2008-09
Financial Year
Note:
1. Data Source: DJJ RPE Standard Statistical Reporting Database.
2. Kariong is excluded from ALL years.

54 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

ACHIEVEMENTS AND PLANNED
INITIATIVES
Behaviour Intervention Project
The Detainee Behaviour Intervention
Framework provides juvenile justice centre
staff with a context in which to operate in a
custodial environment.
The framework focuses on:
• effective management of incidents;
• positive reinforcement of compliant
detainee behaviour;
• guidelines to support reasonable outcomes;
• reduced risk of harm to detainees and
staff;
• risk-based decision making; and
• provides strategies and guidelines for staff
to reduce the risks associated with
detainee behaviour in custody.
In 2007, a pilot of a new incentive scheme
was trialled. A two-day training package, titled
Effective Behaviour Management Training,
outlining the incentive scheme and other
behaviour-related procedures and practices,
was developed to train staff in the effective
management of detainees’ behaviour.
As a result of the successful pilot the training
and the incentive scheme have now been fully
implemented at Orana, Riverina, Acmena,
Reiby and Juniperina juvenile justice centres,
with Frank Baxter Juvenile Justice Centre and
Cobham Juvenile Justice Centre to complete
the rollout by the end of October 2009. The
scheme will be evaluated by mid-2010.
The Behaviour Intervention Framework Policy
is in the final stages of development and will
be implemented during the 2009-2010
financial year.
Another aspect of the Behaviour Intervention
Project was a series of workshops facilitated by
the Steering Committee with representatives
from all juvenile justice centres to review and
update the department’s use of force and
instruments of restraint procedure.
The new use of force procedures have been
implemented in all juvenile justice centres.
During the pilot period there was a significant
reduction in physical assaults resulting in
workers compensation claims in comparison to
the same time the previous year.
Quality Assurance / Improvement
Review Framework
In line with the department’s aim to build a
culture of continuous quality improvement
within juvenile justice centres, annual Quality
Assurance / Improvement reviews were
successfully conducted at each juvenile justice
centre during the 2008-09 financial year.
A review team, comprising of staff members
from a cross-section of areas within the
department, attends each centre over a two-
day period and conducts a comprehensive
evaluation of the evidence provided by the
centres in response to the self-assessment
indicators. The resulting report is forwarded to
each Regional Director and the centre.
Centres are working to ensure continuous
improvement by the development and
implementation of Improvement Action Plans.
Progress reviews were scheduled to commence
from August 2009.
The review process has had an effect on
improvement within the centres by: allowing
department-wide sharing of outcomes
from local quality improvement initiatives;
recognising good practice, and concentrating
only on areas requiring improvement; and by
the integration of continuous improvement
processes into existing centre structures.
Joint Assessment Framework
In consultation with Justice Health and the
Department of Education and Training, and
centre-based staff, the department undertook
a comprehensive review of the assessment
processes used upon a detainee’s admission to
custody, including the Massachusetts Youth
Screening Instrument (MAYSI II).
As a result, the department introduced the
Detainee Risk Assessment Framework in
March 2009 to replace MAYSI II. The new
framework allows the department to screen
young people being admitted to a juvenile
Youth People in Custody • Chapter 5 55
 justice centre, with a risk assessment screening
for physical health, substance abuse, self
harm/suicide risk, mental health and anger
issues.
By identifying these issues at the outset, timely
referral to the appropriate support such as the
centre psychologist or AOD counsellor, nurse
or psychiatrist or duty manager can be
ensured and an appropriate case plan put in
place to meet the young person’s needs with
appropriate treatment and placement.
PROGRAMS
All centres offer a range of education and
vocational programs as well as programs
designed to help young people address their
offending behaviour and gain skills to help
them successfully assimilate back into society
on release.
An extensive range of vocational education
and training programs continues to be at
centres in partnership with the Department of
Education and Training and TAFE, including:
• intensive numeracy and literacy tutoring
• horticulture
• commercial cleaning and laundry
operations
• Responsible Service of Alcohol and
• Responsible Conduct of Gambling
• OH&S green card
• automotive studies
• building and construction studies
• forklift training and licensing
• fitness programs and
• TAFE accredited car detailing program.
A sample of programs at juvenile justice
centres during 2008-09 are listed below:
• the Transport and Logistics program that
has been successful at the Frank Baxter
centre is being developed for State-wide
delivery. This program is a joint partnership
between the centre, a local training group,
the Department of Education and Training,
and the Transport Workers Union Training
Group;
56 Juvenile Justice, Department of Human Services • Annual Report 2008-2009
• the Assistance Dog Program commenced
in Juvenile Centres November 2008. This
program has been run in collaboration with
a community-based organisation Assistance
Dogs Australia;
• at Riverina, centre detainees completed their
Bronze Medallion life saving course including
theoretical and practical components;
• the centre at Frank Baxter, in collaboration
with the Tuggerah Lakes Community
College, has developed a Certificate I in
Conservation and Land Management
(CaLM) program for Indigenous detainees;
• the centre at Juniperina has engaged the
services of Karitane to deliver the Family
Matters Program that aims to assist young
women who are expecting a child or are
already mothers to build positive parenting
relationships with their children;
• at Orana, the Aboriginal Cultural programs
include Our Journey to Respect, Hey Dad,
Aboriginal Dance, Making Didgeridoos,
Emu Callers and Aboriginal Art;
• at Reiby, the Aboriginal Aunties group has
been visiting the centre fortnightly for
about five years. The group usually consists
of three Koori women who visit the
detainees to provide mentoring support
and to engage detainees in activities such
as folklore, culture, art and other programs
of interest;
• at Acmena, centre detainees participate in
the Get that Job program which is an
employment information and education
program designed for detainees who are
close to discharge or those expressing an
interest in improving job-seeking skills;
• the team from the Arrive Alive Wheelchair
Sports Roadshow are regular visitors to
Cobham, raising awareness of wheelchair
sport, encouraging acceptance of people
with disabilities and conveying their road
safety message. Discussions range from the
importance of wearing seatbelts to the
dangers of speeding, fatigue and drink
driving; and
• Emu Plains detainees have been
participating in the OTEN education program;
a TAFE outreach education program.
EDUCATION AND TRAINING 2008 2009
School Year School Year
to 30 June to 30 June
The Department of Education and Training
(DET) administers schools, known as Education Enrolled in
and Training Units, within seven juvenile Education and 1,344 1,311
justice centres so that young offenders can Training Units
continue their studies while in custody. A more
limited educational program is available at the Enrolled in TAFE 709 633
Broken Hill and Emu Plains juvenile justice
Enrolled School 242 140
centres, both of which are annexes to a centre
Certificate Courses
with full Education and Training units.
Enrolled in 37 56
The Department of Juvenile Justice and DET
HSC Courses
are committed to a collaborative approach to
the education and training of young people in Completed 96 94
custody. The two departments have agreed to School Certificate
deliver risk-assessed programs that:
Completed HSC 1 0
• improve the standard of young offenders’
level of education and training;
• build educational, vocational and training
pathways for young offenders; and
HEALTH SERVICES
• increase the young offenders confidence Justice Health is responsible for detention
and skills to re-enter education, training or centre health and medical services. All juvenile
the workforce after he or she leaves justice centres have a clinic under the direct
custody. supervision and management of Justice Health
The working relationship between the and staffed by registered nurses who provide a
departments is maintained through comprehensive range of health services to
regular meetings of senior staff from both young people in custody except for Broken
departments and bi-annual meetings with Hill. The clinics are open seven days a week.
all centre managers and principals. As well as a full range of medical services,
A joint committee of representatives from clinics in juvenile justice centres provide
each department is responsible for the overall individual and group health education
development, implementation and monitoring programs on adolescent health issues, food
of detainee and program risk assessment and nutrition, dental health, sexual
processes. At a juvenile justice centre level, development, sexually-transmitted diseases,
representatives of both departments form a contraception, childbirth and parenting skills.
Local Education and Training Consultative Registered nurses in juvenile justice centres
Committee in each centre to plan and also provide support to young offenders with
coordinate education and centre programs. alcohol and other drug issues.

During the year representatives from both
departments have been finalising a
Memorandum of Understanding which
provides a framework for the ongoing
partnership.
As a result of the 2003 Young People in
Custody Health Survey, the Clinical Services
Plan was developed collaboratively with Justice
Health. The plan focuses on pre-release
planning for young offenders to ensure they
are connected to community health and
medical services well before their release date.

The Department of Juvenile Justice and Justice

Health meet regularly to discuss issues of
shared concern at the Joint Clinical
Governance Committee.

Youth People in Custody • Chapter 5 57

 TRANSPORT, PLACEMENTS AND
DRUG INTELLIGENCE BRANCH
The department’s Transport, Placements and
Drug Intelligence Branch provides custodial
services at five specialist Children’s Courts, of
which three are in the Sydney metropolitan
area and the others at Newcastle and Woy Woy.
The Transport Unit transports young offenders
to all court appearances for the Children’s
Court, District Courts and the Supreme Court
across NSW and undertakes the secure
transportation of young offenders between
juvenile justice centres and from juvenile
justice centres to correctional centres.
In 2008-09 there were 4,318 transport
movements involving 10,009 young people.
Year Movements Detainees
The Classification and Placements Unit is
responsible for the security classification
of young offenders in custody using the
Objective Classification System, which assigns
a security rating to the detainee’s assessed
level of risk.
The Classification and Placements Unit also
coordinates the placement of all young
offenders within juvenile justice centres as well
as detainee transfers between the Department
of Juvenile Justice and the Department of
Corrective Services including Kariong Juvenile
Correctional Centre.
The chart below represents the reason and
total number of transfers of young offenders
within juvenile justice centres and transfers
between the Department of Juvenile Justice
and the Department of Corrective Services
including Kariong Juvenile Correctional Centre
for four financial years, 2005-06 to 2008-09.

2008-09 4,318 10,009

2007-08 3,785 8,918

The branch manages the use of video

conferencing technology for some court
matters, the use of which has increased
significantly.

Year Number of AVLs

2008-09 3,558

2007-08 2,968

2006-07 925

2005-06 568

2004-05 252

58 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

 2005/2006
2006/2007
2007/2008
2008/2009
350

300

250

200

150

100

50

0
Age (too for admitting centre)

Age (too young for admitting centre)

Behaviour Management

Initial Classification

Case Management

Court

Court return

Gender

Overflow

Overflow return

Pre release

Transfer to DCS (not Kariong)

Transfer from DCS (not Kariong)

Transfer to lower classification centre

Transfer to lower classification centre

(including Kariong)

Respite

Status

Unapproved
In the chart below, the transfers to and from Kariong Juvenile Correctional Centre are from December 2004
when Department of Corrective Services began managing the centre. Section 28 (s28) is a transfer to Kariong
Juvenile Correctional Centre and Section 10 (s10) is a transfer from Kariong Juvenile Correctional Centre.

Youth People in Custody • Chapter 5 59

 The Drug Intelligence Unit (DIU) uses a Review of Emergency Response
number of methods to collect, analyse and Capability in Juvenile Justice Centres
share intelligence about detainee drug and Children’s Court Locations
activity, potential drug trafficking into
During 2008-09 a review was conducted
juvenile justice centres and associated safety
of the Emergency Response capability of all
and security issues. For example, juvenile
juvenile justice centres. This review covered
justice centres operate a controlled telephone
the level of training delivered to staff,
system that allows DIU to gather intelligence
equipment currently issued to centres,
from detainee telephone calls. This
and the way in which the department
information guides operational activities,
coordinates a response with other agencies,
helps centres to develop and maintain
such as NSW Police and Corrective Services.
contraband prevention strategies and aids
When the restructure of the Court Logistics,
the development of preventative techniques
Classification and Intelligence Branch is fully
for potential critical incidents.
implemented, the children’s courts controlled
The DIU coordinates the use of drug detection by the department will also be reviewed and
dogs from the Department of Corrective the recommendations finalised.
Services K9 Unit to search juvenile justice
facilities and visitors for contraband items
which may pose a security risk. During 2008-
09, 184 searches were conducted resulting in
12 finds. A total of 1,132 visitors were
screened, with 14 people refused entry due to
an indication to an illicit substance. The DIU
coordinates periodic joint contraband
detection and prevention operations at
juvenile justice centres involving staff from
Juvenile Justice, Department of Corrective
Services’ K9 Unit and NSW Police.

Random and targeted urinalysis testing is used

to screen detainees for drug use. During the
2008-09 financial year, 654 random tests were
conducted returning three positive results,
while 85 target tests were conducted
returning nine positive results.

The branch also coordinates the taking of

DNA samples from young offenders for the
NSW Police.

In March 2009, Minister for Juvenile Justice,

Graham West, launched the Justice Pups
program at the Frank Baxter Juvenile Justice
Centre. The program is a partnership between
the department and Assistance Dogs Australia.
Young offenders train puppies to become
assistance dogs for people with disabilities.

60 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

CHAPTER 6
GOVERNANCE, PRIVACY AND OVERSIGHT
 FREEDOM OF INFORMATION
The department releases documents under the
Freedom of Information Act 1989 NSW upon
receiving a completed Freedom Of Information
(FOI) application form which can be obtained
from the department’s website at
www.djj.nsw.gov.au. This application form
along with a photocopy of photographic
identification (e.g., a driver’s licence) should be
sent to:
The Freedom Of Information Officer
Department of Juvenile Justice
PO Box K399
HAYMARKET NSW 1240
The department charges $30 for each FOI
application but allows for concessions as
described on the application form. The
department does not charge staff members
or former clients of the department for the
release of their personal papers.
FOI inquiries should be directed to the FOI
Officer by telephone on (02) 9219 9525, by
facsimile on (02) 9219 9555, or in writing at
the address above.
This address and phone number should be
used also for applications to amend or notate
documents held by the department that relate
to a person’s own personal affairs.
Statement of Affairs
Under the Freedom of Information Act
1989 NSW (s.14), the department is
required to publish an annual Statement of
Affairs that describes the structure and
functions of the department, how these
functions affect the public, and how the
public can participate in the department’s
policy development. These matters are
detailed throughout this Annual Report
including the following specific FOI matters.
62 Juvenile Justice, Department of Human Services • Annual Report 2008-2009
TYPES OF DOCUMENTS HELD BY
THE DEPARTMENT
The Department of Juvenile Justice holds
records dating from 1991 when the
department was formed. Records of juvenile
offenders prior to that time may be accessed
through the FOI Officer at the Department of
Community Services. Additionally, FOI
applications for the medical, psychological and
psychiatric records of juvenile offenders must
now be accessed through the FOI Officer at
Justice Health.
The Department of Juvenile Justice maintains
the following categories of files:
Client files
Two types of client files are maintained:
Detainee Files (D files) records all matters
relating to clients who are serving
sentences in juvenile justice centres or who
have been placed in a juvenile justice
centre pending an appearance at court.
Community Files (C files) contain records of
the department’s community supervision of
juvenile offenders referred by the courts.
Administrative files
These files contain records relating to the
day-to-day administration of the department
including financial and accounting records,
property records, agendas and minutes of
meetings, correspondence, etc.
Policy and procedural documents
The department maintains policy and
procedure documents, including operational
manuals for both custodial and
community services.
Computerised records
The department maintains computerised client
records of clients, personnel, purchasing and
financial management. Additionally, the
department maintains computerised records of
finalised juvenile court matters. This information
is used on a daily basis by the courts and law
enforcement agencies as well as for statistical
analysis and planning purposes.
Public Relations and information
documents
The Communications Unit has a selection of
information pamphlets and brochures
publicising the department’s services.
A detailed list of publications is located
elsewhere in this annual report. The Section
also works closely with the FOI Officer in
placing on the department’s internet website
those substantive documents which have been
provided to FOI applications.
Statistical summary of FOI applications
This statistical summary of the year’s FOI
activities in the department is set out in
accordance with the provisions of the Freedom
of Information Act 1989 NSW, the Freedom of
Information Regulation 2000, and the NSW
FOI Manual, August 2007.

New FOI applications Personal Other Total

07/08 08/09 07/08 08/09 07/08 08/09

A1 New 33 32 6 12 39 44
A2 Brought forward 0 4 0 0 0 4
A3 Total to be processed 33 36 6 12 39 48
A4 Completed 30 34 5 12 35 46
A5 Discontinued 2 0 1 0 2 0
A6 Total processed 30 34 5 12 35 46
A7 Unfinished (carried forward) 1 2 0 0 2 2

Discontinued applications Personal Other Total

07/08 08/09 07/08 08/09 07/08 08/09

B1 Request transferred out to 0 0 0 0 0 0

another agency (s.20)
B2 Applicant withdrew request 1 0 0 0 1 0
B3 Applicant failed to pay advance 0 0 1 0 1 0
deposit (s.22)
B4 Applicant failed to amend a request 1 0 0 0 1 0
that would have been an unreasonable
diversion of resources to complete [s.25(1)(a1)]
B5 Total discontinued 2 0 1 0 3 0
If an application is discontinued for more than one reason, the reason first occurring in the above
table is selected.

Completed applications Personal Other Total

07/08 08/09 07/08 08/09 07/08 08/09

C1 Granted in full 8 6 3 10 11 16
C2 Granted in part 16 16 0 0 16 16
C3 Refused 1 0 1 1 2 1
C4 No documents held 5 13 1 0 6 13
C5 Total completed 30 35 5 11 35 46
A request is granted in full if all documents requested are either provided to the applicant
(or the applicant’s medical practitioner) or are otherwise publicly available.

Governance, Privacy and Oversight • Chapter 6 63

 Applications granted in full Personal Other Total
07/08 08/09 07/08 08/09 07/08 08/09

D1 Provided to the applicant 8 6 3 10 11 16

D2 Provided to the applicant’s 0 0 0 0 0 0
medical practitioner
D3 Available for inspection 0 0 0 0 0 0
D4 Available for purchase 0 0 0 0 0 0
D5 Library material 0 0 0 0 0 0
D6 Subject to deferred access 0 0 0 0 0 0
D7 Available by a combination of 0 0 0 0 0 0
the reasons in D1-D6
D8 Total granted in full 8 6 3 10 11 16

Applications granted in part Personal Other Total

07/08 08/09 07/08 08/09 07/08 08/09

E1 Provided to the applicant 16 16 0 0 16 16

E2 Provided to the applicant’s 0 0 0 0 0 0
medical practitioner
E3 Available for inspection 0 0 0 0 0 0
E4 Available for purchase 0 0 0 0 0 0
E5 Library material 0 0 0 0 0 0
E6 Subject to deferred access 0 0 0 0 0 0
E7 Available by a combination of 0 0 0 0 0 0
the reasons in D1-D6
E8 Total granted in full 16 16 0 0 16 16

Refused FOI applications Personal Other Total

07/08 08/09 07/08 08/09 07/08 08/09

F1 Exempt 0 0 0 0 0 0
F2 Deemed refused 0 0 0 0 0 0
F3 Total refused 0 0 0 0 0 0

Applications capturing Personal Other Total

exempt documents 07/08 08/09 07/08 08/09 07/08 08/09

G6 Affecting personal affairs (Clause 6) 0 0 0 0 0 0

G7 Affecting business affairs (Clause 7) 0 0 0 0 0 0
G27 Total applications capturing 0 0 0 0 0 0
exempt documents

64 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

 Ministerial Certificates (s.59) 2007-08 2008-09

H1 Ministerial Certificates issued 0 0

Formal consultations 2007-08 2008-09

I1 Number of applications requiring formal consultation 2 1

I2 Number of persons / agencies consulted 2 1

Amendment of personal records 2007-08 2008-09

J1 Agreed in full 0 0
J2 Agreed in part 0 0
J3 Refused 0 0
J4 Total 0 0

Applications for notation 2007-08 2008-09

K1 Agreed in full 0 0

Fees received 2007-08 2008-09

L1 All completed applications $210 $150

The department does not charge staff or clients for access to their personal documents.
The fees received are for non-personal documents.

Fee discounts Personal Other Total

07/08 08/09 07/08 08/09 07/08 08/09

M1 Processing fees waived in full 10 36 4 5 14 41

M2 Public interest discount 2 0 1 0 3 0
M3 Financial hardship discount -- 3 0 0 0 3 0
pensioner or child
M4 Financial hardship discount -- 7 0 0 0 7 0
non profit organisation
M5 Total 22 36 5 5 27 41

Fee refunds 2007-08 2008-09

N1 Number of fee refunds granted as a result 0 0

of significant correction of personal records

Governance, Privacy and Oversight • Chapter 6 65

 Days taken to complete application Personal Other Total
07/08 08/09 07/08 08/09 07/08 08/09

O1 0-21 days -- statutory 27 18 5 12 32 30

determination period
O2 22-35 days -- extended statutory 3 13 0 0 3 13
determination period for consultation
or retrieval of archived records (s.59B)
O3 Over 21 days -- deemed refusal 0 0 0 0 0 0
where no extended determination
period applies
O4 Over 35 days -- deemed refusal 2 3 0 0 2 3
where extended determination
period applies
O5 Total 32 34 5 12 37 46

Processing hours Personal Other Total

07/08 08/09 07/08 08/09 07/08 08/09

P1 0–10 hours 27 13 4 10 31 23
P2 11–20 hours 3 7 2 1 5 8
P3 21–40 hours 1 14 0 0 1 14
P4 Over 40 hours 1 1 0 0 1 1
P5 Total 32 35 6 11 38 46

Reviews and appeals 2007-08 2008-09

Q1 Internal reviews finalised 2 0

Q2 Ombudsman reviews finalised 0 0
Q3 Administrative Decisions Tribunal reviews finalised 2 0

Results of internal reviews 2007/08 Personal Other Total

Upheld Varied Upheld Varied Upheld Varied

R1 Access refused 0 0 0 0 0 0
R2 Access deferred 0 0 0 0 0 0
R3 Exempt matter deleted 0 0 0 0 0 0
from documents
R4 Unreasonable charges 0 0 0 0 0 0
R5 Failure to consult with third parties 0 0 0 0 0 0
R6 Third parties views disregarded 0 0 0 0 0 0
R7 Amendment of personal records refused 0 0 0 0 0 0
R8 Total 0 0 0 0 0 0

66 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

PRIVACY MANAGEMENT
In accordance with the provisions of the
Privacy & Personal Information Protection Act
(PPIP)1998, the department maintains an
on-going Privacy Management Plan. This Plan
is currently being reviewed in the light of
changes to privacy and freedom-of-
information legislation.
The department maintains personal
information on:
• Young Offenders/Detainees and their
carers, next-of-kin and friends;
• Staff – personnel, training, health
information and professional conduct
information;
• Victims of Crime in accordance with the
requirements of the Crimes (Administration
of Sentences) Act 1999;
• Registrable Offenders in accordance with
the requirements of the Child Protection
(Offenders Registration) Act 2000.
Accessing and amending records
Applications for access to, or amendment of,
personal information held by the department
under the PPIP Act (s.14 and s.15) should be
on the application forms which can be
obtained from the department’s internet
website at www.djj.nsw.gov.au or from the
address below. The application form along
with a photocopy of photographic
identification (e.g., a driver’s licence) should be
sent to:
The Privacy Officer
Department of Juvenile Justice
PO Box K399
HAYMARKET NSW 1240
The department charges $30 for each privacy
application but allows for concessions as
described on the application form. The
department does not charge staff members or
former clients of the department for access to,
or the amendment of, their personal papers.
The inspection or release of any documents
under privacy provisions is in accordance with
the Freedom of Information Act 1989 NSW.
Privacy inquiries should be directed to the
Privacy Officer by telephone on (02) 9219
9525, by facsimile on (02) 9219 9555, or in
writing at the address above.
There were no applications for access or
amendment under privacy provisions during
2008/09.
Privacy reviews
The department received one complaint under
the PPIP Act late in 2008/09 for a breach of
privacy from a detainee. This matter was
reviewed, restitution of lost or mislaid articles
was made, and a report is being prepared for
the Privacy Commissioner.
Other
The department’s Office of the Director
General provides:
• privacy information and advice to
departmental staff;
• privacy law input into departmental policy
development;
• maintenance of the department’s intranet
and internet privacy pages and resources;
and
• monitoring of both NSW and
Commonwealth reviews of privacy
legislation.
LEGAL REPRESENTATION
All young people in NSW against whom
criminal proceedings are commenced are
entitled to be provided with free legal
representation.
Under the Young Offenders Act, a young
person must be informed of their right to
speak with a lawyer before making any
admission or statement to the NSW Police,
and be advised as to how they can exercise
this right. Legal Aid NSW provides free
telephone legal advice for all young people in
police custody in NSW through the Children’s
Legal Service. Aboriginal youths who are taken
into police custody are legally entitled to speak
immediately to a solicitor from the Aboriginal
Legal Service.
Governance, Privacy and Oversight • Chapter 6 67
 Lawyers from the Children’s Legal Service
represent young people in criminal matters
in the specialist Children’s Courts, including
the Youth Drug and Alcohol Court, in
metropolitan Sydney. Legal Aid pays private
solicitors to represent young people at
Local Courts sitting as Children’s Courts
outside Sydney.
The Department of Juvenile Justice provides
funding for the Legal Aid Commission’s
Children’s Visiting Legal Service to provide free
legal advice and assistance to young offenders
in the department’s nine juvenile justice
centres. In 2008-09, the department provided
$174,936 in funding.
OFFICIAL VISITORS
The Official Visitors Scheme provides
independent monitoring and evaluation of
juvenile justice centres operated by the
Department of Juvenile Justice. Established
under the Children (Detention Centres) Act
1987, the scheme ensures the protection of
rights, improves advocacy and enhances other
forms of assistance related to the oversight,
welfare and treatment of young people in
custody.
Official Visitors have the power to enter and
inspect juvenile justice centres and confer
privately with any person who is an employee
or detainee at the centre.
Official Visitors are appointed by the Minister
for Juvenile Justice, and report regularly to the
Minister, independent of the department. This
includes formal written reports every six
months on standards of care relating to
detainees’ security, welfare and rehabilitation.
These reports detail the Official Visitor’s
concerns and views about the performance of
the centre in accordance with the standards
set out by the Australasian Juvenile Justice
Administrators’ Standards for Juvenile
Custodial Facilities.
68 Juvenile Justice, Department of Human Services • Annual Report 2008-2009
YOUNG OFFENDERS ADVISORY
COUNCIL
The Young Offenders Advisory Council (YOAC)
provides independent advice to the Attorney
General and the Minister for Juvenile Justice
on issues, policies and legislation likely to
impact on the operations of the juvenile
justice system and young offenders.
The Advisory Council’s work is consistent with
the State Plan Priorities:
R2: Reduced re-offending; and
R3: Reduced levels of antisocial behaviour
The Advisory Council meets three times per
year or as required.
Membership
Membership of YOAC comprises both
government and non government
representatives:
Chair, Michael Mahony
Director General, Department of
Juvenile Justice, Peter Muir
Director General, Attorney General’s
Department, or nominee,
Kathrina Lo, Director, Legalisation, Policy and
Criminal Law Review Division
Commissioner of NSW Police (or nominee),
Superintendent Adam Whyte, Commander,
Policy and Programs
Director General, Department of
Community Services, Jennifer Mason
Director, BOCSAR, Don Weatherburn
CEO, Police Community Youth Clubs,
Chris Gardiner
Victims of Crime representative,
Ken Marslew
Community representatives,
the Rev Dr Arthur Bridge, Glenn Sargeant,
Garner Clancey
SERIOUS YOUNG OFFENDERS
REVIEW PANEL
The Serious Young Offenders Review Panel
(SYORP) was established in 1998 as an
independent body to advise the
Director General.
The functions of the panel are to provide
recommendations to the Director General on:
• the reclassification of specific classification
detainees on serious children’s indictable
offences;
• the granting of initial supervised
community activities, day and overnight
leave and serious children’s indictable
offenders. Also detainees being dealt with
for the offences of dangerous driving
causing deaths and aggravated dangerous
driving causing death under the Crimes Act
1900; and
• other detainees specified by the Director
General. The panel must also consider such
other matters as are referred to it by the
Director General or the Minister.
The panel members seek to balance the
expectations of the community with needs
and expectations of the young persons and
their families in accordance with the relevant
legislation and departmental guidelines.
In the 2008-09 financial year, the panel met
on 11 occasions.
Membership
Members of the panel are appointed by the
Minister and approved by Cabinet. The
composition of the panel is:
• an acting Magistrate (Chairperson)
• an independent person with qualifications
in psychology
• an independent community person with
expertise in dealing with youth generally
• a member of the Indigenous community
• a victim of crime
• a delegate of the Deputy Director General
(Operations), Department of Juvenile
Justice, as an ex-officio member.
Actions and Outcomes
In the financial year to the end of June 2009
the panel dealt with 77 cases. The established
performance indicators to the end of June
2009 showed:
Reclassification Data
• 38 were considered for reclassification;
• 50 per cent (19 of 38) of juvenile offenders
reviewed were reclassified.
Leave Data
• 39 cases were considered for leave;
• 74 per cent (29 of 39) of cases for leave
were supported.
Of the cases considered by SYORP in the
2008/09 financial year, 58 per cent were from
the juvenile justice centres covered by the
Northern Region, one per cent from the
Western Region and 14 per cent from the
Metropolitan Region.
Twenty seven per cent of applications
considered were received from Kariong
Juvenile (Department of Corrective Services).
The Secretariat
SYORP’s Secretariat is located at:
Department of Juvenile Justice,
Level 24, 477 Pitt St,
Sydney NSW 2000
PO Box K399
HAYMARKET NSW 1240
Telephone: (02) 9219 9426
Fax: (02) 9219 9555
Governance, Privacy and Oversight • Chapter 6 69
 COMMUNITY CONSULTATION
AND CLIENT FEEDBACK
The Department of Juvenile Justice places
strong emphasis on community consultation
in developing its policies and programs. The
department consults with relevant community
groups and other stakeholders in the planning
of new community-based and centre-based
services.
Feedback about the department’s services is
encouraged from clients, their families,
advocates and community groups. This
feedback helps identify and address any
service delivery issues that may arise and
ensures the department provides the best
possible service to its clients and stakeholders.
There are various ways for young people,
stakeholders and staff to provide feedback.
The department has produced reader-friendly
brochures on making complaints in English,
Vietnamese and Arabic for participants in
youth justice conferences (including young
offenders, victims, police and other
participants).
All participants in youth justice conferences
(YJCs) are given the opportunity to provide
anonymous written feedback to YJC managers
about their experiences in pre-conference
preparation and in the conference itself. These
responses are used to monitor convenor
performance in meeting the needs and
respecting the rights of all youth justice
conference participants.
All community offices and juvenile justice
centres display posters and leaflets to inform
young people of their right to contact the
Ombudsman if they have any concerns or
complaints about the department. All
correspondence and communication with
young people informs the young person and
their families that, if they have any concerns,
they are able to raise these with the manager
of the relevant Juvenile Justice Community
Services office.
70 Juvenile Justice, Department of Human Services • Annual Report 2008-2009
In juvenile justice centres, elected detainee
representative committees provide feedback to
the manager and initiate suggestions for the
improvement of client services and the
custodial environment.
Client induction booklets for each centre,
written in reader-friendly format and recorded
onto audiotape, are distributed to young
people on admission to centres. These
booklets outline how clients may make
complaints and provide service feedback.
An induction video is shown to newly
admitted young people. This video outlines
complaint and feedback procedures as well as
the rights and responsibilities of clients.
Official Visitors prepare six-monthly reports to
the Minister following their liaison with young
people in custody, and the department is
required to resolve operational or client
problems identified in these reports.
The Juvenile Justice Visiting Legal Service is
funded to advise and represent young people
held in the department’s juvenile justice
centres. Solicitors from this service may also
act as support persons through whom clients
can provide feedback to the department.
NSW OMBUDSMAN
Representatives of the NSW Ombudsman
undertake regular visits to each juvenile justice
centre. The aim of these visits is to bring to
the attention of the department any client
complaints or issues which require urgent
attention and remedial action to be taken.
Section 25 of the Ombudsman Act 1974
requires the Department of Juvenile Justice to
notify and report to the Ombudsman all
allegations of assault, ill-treatment or neglect
of a child.
The Arunta telephone system in juvenile justice
centres allows detainees to directly contact the
Office of the Ombudsman.
The Ombudsman also provides reports to the
department on the complaints received from
clients.
COMMISSIONER FOR CHILDREN
AND YOUNG PEOPLE
The NSW Commission for Children and
Young People is an independent
organisation that advocates for the
children and young people of NSW.
The Commission influences and initiates
positive change for children and young
people.
The Commission promotes the safety,
welfare and wellbeing of children and
young people in NSW.
Nature of complaints
Complaint against staff
Complaint about food / diet in centres
Complaint against rules / point system in centres
Complaint relating to welfare of client
Complaint about medical care
Complaint about appointments and interviews
Complaint about background report
Complaint about physical surroundings
Complaint alleging bias/discrimination
Complaint about confidentiality / privacy
Complaint about other client behaviour
Other (including property, police,
financial assistance or legal issues)
COMPLAINTS
In 2008-09, there were a total of 109
complaints received by the department.
Seventy six per cent of these complaints were
made directly by a Department of Juvenile
Justice client. Eighteen per cent were made
by a client’s family member or carer. The
remainder consisted of complaints made by
staff members, other agencies on behalf of a
client, victims of crime or were made and/or
investigated by the NSW Ombudsman.
Forty four per cent of these complaints were
resolved within 48 hours. Eighty five per cent
were resolved within three weeks.
Number of complaints Percentage
52 48%
5 5%
11 10%
2 2%
6 6%
4 4%
1 1%
3 3%
2 2%
2 2%
1 1%
20 18%
109 100.00%
Governance, Privacy and Oversight • Chapter 6 71
72 Juvenile Justice, Department of Human Services • Annual Report 2008-2009
CHAPTER 7
WORKFORCE CAPACITY
 WORKFORCE CAPACITY
Faced with unique workforce challenges the
department is committed to developing and
retaining the right people, with the right
capabilities, skills and attitudes in the right
jobs, to enable the department to respond to
emerging service delivery and operational
issues.
Managing workforce capacity is an important
factor in achieving government priorities,
service reforms and targets of the State Plan.
The department needs a skilled, motivated and
flexible workforce and must also adapt to
challenges such as an ageing workforce and
other public sector reforms aimed at:
• streamlining service delivery to
communities of NSW;
• improved workforce planning and
management across the sector; and
• more effective ways to recruit and retain
staff.
The department aims to:
• create a workforce and workplace that
attracts and retains talented employees and
draws on the diversity of the people of
NSW;
• build a supported, motivated and high
performing workforce; and
• improve workforce planning and
management across the department.
During 2008-09, the average full-time
equivalent staff employed by the department
was 1464.1, including casual staff, mentors,
community-based sessional supervisors and
Youth Justice Conference Convenors. The
department employs many people from
Aboriginal and other culturally and
linguistically diverse backgrounds to assist
better service delivery to communities and to
identify and meet the needs of both young
offenders and communities.
74 Juvenile Justice, Department of Human Services • Annual Report 2008-2009
The department’s human resource policies and
practices are consistent with the Public Sector
Employment and Management Act 2002,
Occupational Health and Safety Act 2000,
other relevant legislation and the NSW
Personnel Handbook.
The NSW mini budget in November 2008
resulted in the following changes occurred
during 2008-2009:
• a reduction of 20 per cent of the Senior
Executive Service;
• a freeze on filling or advertising non front
line public sector jobs;
• changes to travel for staff who need to
attend meetings interstate; and
• efficiency savings for agencies and
consideration of the merging of some
functions.
To support the mini budget commitments the
department undertook a review of its structure
and service deliver resulting in the following
changes across the organisation:
• closure of Keelong Juvenile Justice Centre;
• restructure of regions to move to three
regions;
• outsourcing of some corporate services;
• changes to transport; and
• a restructuring in juvenile justice centres.
The impact of these changes resulted in
changes to staff numbers, with staff accepting
Voluntary Redundancy, internal and external
transfers, commencing in December 2008.
Ninety five staff accepted offers of voluntary
redundancy during the financial year.
Number of officers and employees by Category

Salary Scale 30 June 2007 30 June 2008 30 June 2009

Total Women CALD Total Women CALD Total Women CALD
Staff Staff ** Staff **

Salaries below clerical 0 0 0 0 0 0 0 0 0

officer grade 1, 21-year-
old rate or equivalent
Salaries from clerical 189 85 19 264 89 22 77 29 8
officer grade 1, 21-year-
old rate to below
minimum clerk grade 1
rate or equivalent
Grade 1-2 or equivalent 500 202 35 527 217 35 649 239 45
Grade 3-5 or equivalent 204 102 19 206 99 19 166 79 12
Grade 6-9 or equivalent 302 157 29 312 161 30 333 181 38
Grade 10-12 or equivalent 55 30 4 67 32 8 68 33 8
Above grade 12 or 14 8 0 15 8 0 15 8 0
equivalent
Total staff in established 1264 584 106 1392 606 114 1308 569 111
positions *
Notes: *Not including ATSI staff

CODE OF CONDUCT AND followed so that staff are afforded the

protection of the Protected Disclosures Act
GUARANTEE OF SERVICE 1994 NSW when reporting corrupt conduct.

Code of Conduct As part of their induction, all staff must

The department’s Code of Conduct establishes
an ethical framework to which all staff are
expected to adhere in undertaking their work
responsibilities. The department's Code is
based on the Model Code of Conduct for
NSW Public Agencies. The Code is designed to
set out the standards of personal and
professional behaviour which staff are
expected to apply when undertaking their
work. Departmental policies such as the
Harassment Free Workplace Policy and the
Internal Reporting Policy reinforce principles
outlined in the Code.
In addition, the department’s Internal
Reporting Policy establishes an internal
procedure for the reporting of corrupt
conduct, maladministration and serious and
substantial waste in the department, and
outlines the procedures that are to be
complete self-paced learning kits on the Code
of Conduct and Internal Reporting Policy. In
addition, these policies are covered in Values,
Attitudes and Ethics, one of the modules of
the Certificate IV in the Juvenile Justice course.
This module is compulsory for direct care
custodial staff and other staff are strongly
encouraged to attend this training.
Guarantee of Service
A new Quality Assurance Framework has
been implemented. This process examines
each juvenile justice centre for compliance
with the Australasian Standards for Juvenile
Custodial Facilities and institutes actions for
improvement. It is the result of a pilot of
an enhanced quality assurance process for
its juvenile justice centres and replaces the
previous Quality Review and Section 7
processes.

Workforce Capacity • Chapter 7 75

 Each centre creates a Continuous
Improvement Team (CIT) tasked with both the
self-assessment of centre practices as well as
the development and monitoring of
Improvement Action Plans. Improvement
Action Plans are developed for areas of
concern and have a time frame of 12 months
to reach a ‘Good Practice’ level.
Acknowledgement of ‘Good Practice’ areas
allows for a two-year time frame between
reviews in the specific area. Indicator evidence
requirements are noted for every indicator on
the self-assessment tool to ensure the integrity
of the self-assessment process.
EXCEPTIONAL MOVEMENTS IN
WAGES, SALARIES OR
ALLOWANCES
The Crown Employees Wages Staff (Rates of
Pay) Award 2008 provided for a four per cent
increase in salaries, effective from 1 July 2008.
In response to the Premier’s request for a
special determination capping remuneration
increases for Chief Executive and Senior
Executive Services (CES and SES) to 2.5 per
cent, the Statutory and Other Offices
Remuneration Tribunal (SOORT) determined a
general increase of 2.5 per cent effective on
and from 1 October 2008, based on
satisfactory performance.
SAFETY IN THE DEPARTMENT
The department is committed to promoting an
environment of continual improvement across
all facets of occupational health and safety.
This is, at times, challenging due to the nature
of the work environment and service delivery
requirements.
The department is systematically reviewing
and updating the Safety Management System
with a view to reducing the frequency and
severity of staff injury and the management of
workers compensation claims.
76 Juvenile Justice, Department of Human Services • Annual Report 2008-2009
The department will continue to improve the
safety management system through its
ongoing practice of reviewing, monitoring and
updating in a consultative framework.
A number of Safety Management System
audits have been undertaken throughout the
year to monitor adherence to departmental
policies and procedures. This is seen as an
opportunity for locations to address
highlighted areas, thereby continuing the
department’s commitment to improving safety.
The department engaged an external auditor
in 2008 to review its safety management
system. The department is proactively working
towards addressing each of the issues raised.
There were no Occupational Health and Safety
prosecutions throughout the year. However
there remains one outstanding prosecution
(Putland Department of Education and
Training Facility) from a prior year in which the
department was found negligent.
WORKERS COMPENSATION
Injury management is an integral part of the
department’s Safety Management System.
Effective injury management is a critical
component in returning injured workers to
work in a timely manner, thereby reducing
claims costs.
During 2008-09, the department identified
issues that compromised its ability to
effectively manage an injured worker’s return
to work, as well as the associated claims costs.
Strategies have been employed to minimise
the negative effect on performance that these
issues are causing.
The department maintains an effective
relationship with its workers compensation
insurer, Employers Mutual Limited (EML),
through strategic monthly meetings and
quarterly claim reviews. There has been an
improvement during 2008-09 of EML
reimbursing the department for monies paid
for lost wages.
 Data as at Fund year Claims Incurred Average
Reported Cost Incurred Cost

30 June 2006 2005/06 207 $1,720,706 $8,313

30 June 2007 2006/07 206 $1,204,318 $5,846
30 June 2008 2007/08 201 $1,597,617 $7,948
30 June 2009 2008/09 212 $1,658,414 $7,822

As reflected in the above table in 2008/09, the
number of reported claims increased by 5.47
per cent. The incurred cost increased by 3.8
per cent compared to 2007-08 cost however
the average costs of claims decreased by 1.58
per cent during the same period.
• Youth Officer Induction Training and
Assessment Program;
• Community Professional Development
Program;
• Management Development Program;

In 2008-09, the most common work related
injuries were ‘being hit by object’ (30 per
cent), ‘body stressing’ (21 per cent), ‘slip or
fall’ (17 per cent) and ‘hitting an object’ (eight
per cent).
EMPLOYEE ASSISTANCE
PROVIDER
Converge International is engaged by the
department to deliver confidential, flexible
and free counselling services to all employees
and their immediate families. The counselling
service is available on a 24 hour, seven-day basis.
ORGANISATIONAL
DEVELOPMENT
• Motivational Interactions Program; and
• Youth Justice Conference Convenor
Program.
The department’s training facility is also made
available to other NSW agencies as a training
venue. During 2008-09, the Department of
Corrective Services, NSW Police and the NSW
Fire Brigade used the facility.
There were 13,796 staff attendances at
training programs across the state during
2008-09.
The department delivers a nationally
recognised course, Certificate IV in Youth
Work (Juvenile Justice) and 338 staff achieved
at least six units of this qualification in 2008-
09. A further 56 staff gained the complete
Certificate IV and 6 were exempted from the
qualification due to higher qualifications.

The department delivers a range of 2007-08 2008-09

development programs to staff and as a
Number of frontline staff
Registered Training Organisation,
who hold a Certificate IV 305 361
provides both nationally accredited and
(Juvenile Justice)
non-accredited training.
Number of frontline staff
The department’s Training Facility at with an exemption as 63 69
Yasmar in Haberfield provides a central they hold an equivalent
location and practical learning or higher qualification
environment for hands-on training.
This includes:

Workforce Capacity • Chapter 7 77

 An increased focus on building the technical
skills of community staff during 2008-09 has
resulted in a rollout of a two-day program on
using the Youth Level of Service Inventory
(YLS-CMI-AA) and a three-day motivational
interactions training program to all community
based staff.
Staff completion rates for major programs in
2008–09 are:
• 264 staff completed the 29-day Youth
Officer induction training program;
• 321 staff completed the new effective
behaviour management training module;

In 2008-09, 30 community based staff • 840 staff completed Respectful Workplace

participated in the thirty-day community
Professional Development Program. Modules
include working with clients with disabilities,
mental health issues, indigenous issues,
intervention planning, staff supervision, OHS
and bail intervention.
The department’s Management Development
Program resulted in 71 managers and
supervisors gaining their Certificate IV in
Frontline Management. A series of short
management skills workshops for new
managers and supervisors were also delivered,
with a total of 40 staff completing workshops.
Modules include time management, supervision,
decision making, analytical skills, critical
thinking and project management.
training sessions;
• 217 community staff completed
Motivational Interactions;
• 222 staff completed YLS-CMI-AA training;
• 46 staff complete Dthina Yuwali (alcohol
and other drugs program);
• 30 staff completed Youth Justice
Conference – CIMS;
• 50 staff completed Youth Justice
Conference Convenor training.
In addition to core training programs, 12 staff
participated in a Power of Resilience course,
and the department sponsored 50 staff to
complete scholarships relevant to their
positions though attending TAFE or other
educational facilities.

EQUAL EMPLOYMENT OPPORTUNITY

Trends in the Representation of EEO Groups

EEO Group Benchmark or target 2005 2006 2007 2008 2009

Women 50% 46% 46% 46% 44% 44%

Aboriginal people and 2% 10% 9.8% 10.5% 10.1% 9.6%
Torres Strait Islanders
People whose first 20% 11% 10% 11% 11% 11%
language was not English
People with a disability 12% 4% 4% 4% 4% 3%
People with a disability requiring 7% 0.6% 0.6% 0.4% 0.5% 0.4%
work-related adjustment

78 Juvenile Justice, Department of Human Services • Annual Report 2008-2009

Trends in the Distribution of EEO Groups
EEO Group Benchmark or target 2005 2006 2007 2008 2009

Women 100 105 105 106 108 109

Aboriginal people and 100 98 95 98 98 99
Torres Strait Islanders
People whose first 100 100 100 99 104 104
language was not English
People with a disability 100 99 109 107 110 110
People with a disability requiring 100 N/A N/A N/A N/A N/A
work-related adjustment
NB:
1. Staff numbers as at 22 June 2009
2. Excludes casual staff
3. A distribution index of 100 indicates that the centre of the distribution of the EEO group across salary levels is equivalent to that of other
staff. Values less than 100 mean that the EEO group tends to be concentrated at lower salary levels than is the case for other staff. The
more pronounced this tendency is, the lower the index will be. In some cases the index may be more than 100, indicating that the EEO
group is less concentrated at lower salary levels.

EQUITY department’s continuous on-line recruitment

During 2008-2009, the department drafted its
Equal Employment Opportunity (EEO)
Management Plan, Dignity and Respect Policy
and Guidelines, Aboriginal and Torres Strait
Islander Recruitment and Retention Strategy
and Supervision Policy and Guidelines. These
documents will be implemented in 2009-10.
In addition to the above, the following
initiatives were undertaken:
• the Induction Training Assessment Program
(ITAP);
• implementation of the Disability Action Plan;
• the Community Language Allowance
Scheme (CLAS);
• the recruitment and retention of
indigenous staff;
• the Psychologist Reclassification
Committee.
ITAP has been successfully implemented across
the department, bringing a structured
induction for new Youth Officers. The Program
simplifies the application and induction
process for Youth Officers and aims to employ
the best people for the job. It also includes
continued assessment of staff. The
process for Youth Officers has been
implemented, increasing the pool of applicants
for Youth Officer positions.
The department continued strategies
contained in the Disability Action Plan to
identify and respond appropriately to the
needs of young offenders with disabilities to
reduce the likelihood of their re-offending and
their further entrenchment in the criminal
justice system.
The department’s draft EEO Management Plan
contains strategies and imperatives for the
equal employment of women; Aboriginal
and/or Torres Strait Islander people; people
whose first language was not English, people
from racial, ethnic and ethno-religious minority
groups; and people with a disability.
Staff from Culturally and Linguistically Diverse
Communities (CALD) had an opportunity to
have their second language skills recognised
through the Community Language Allowance
Scheme (CLAS). In 2008-09, 10 staff received
the CLAS allowance, with Greek, Italian,
Macedonian, Serbian, Spanish, Samoan,
Tongan and Vietnamese being the languages
spoken. As at 30 June 2009, there were seven
CLAS applicants for the next financial year.

Workforce Capacity • Chapter 7 79

 The department continued to recruit
Indigenous staff, advertising in the Koori Mail,
National Indigenous Times and on-line.
Advertising for the Indigenous Cadetship
Program will be undertaken in 2009-10 to
promote a positive career path for indigenous
students within the department.
The Psychologist Reclassification Committee
met and considered applications to reclassify
psychologists to either Specialist, Senior or
Senior Specialist Psychologist. This committee
provides career development and recognition
of valuable psychological staff and enhances
the continued quality service to young people.
PLANNED INITIATIVES FOR
2009-10
The department will be launching the Dignity
and Respect Policy and Guidelines, which
outline how all staff in the department will
fulfil their responsibility to model ethical
behaviour and maintain a professional and
safe work environment. The Dignity and
Respect Policy and Guidelines aim to support a
workplace free of bullying and harassment, in
which grievances are dealt with effectively,
confidentially and in a timely manner.
The department’s Equal Employment
Opportunity (EEO) management plan will also
be launched. The EEO Management Plan
aims to promote equity for all staff, and
demonstrates the department’s ongoing
commitment to the principles of EEO.
The Supervision Policy and Guidelines will be
launched, providing guidelines for the effective
supervision of staff in order for them to
maintain appropriate standards of conduct
and work-related performance.
The Psychologists Reclassification Committee
will meet to consider reclassification
applications to promote the retention of
experienced Psychologists and improve the
quality of service to departmental clients.
80 Juvenile Justice, Department of Human Services • Annual Report 2008-2009
The Community Language Allowance Scheme
(CLAS) will be advertised and successful
applicants will receive the allowance. Better
service will be provided to young persons from
culturally and linguistically diverse
communities.
The department plans to finalise the draft
Aboriginal and Torres Strait Islander
Recruitment and Retention Strategy, ensuring
practices are in place to recruit and retain
Aboriginal and Torres Strait Islander staff.
PRINCIPAL AND SENIOR
EXECUTIVE POSITIONS
As at 30 June 2009, the department’s senior
executive team comprised:
• Mr Peter Muir, Director General
• Ms Valda Rusis, Deputy Director General
(Operations)
• Mr Kevin Hogan, Acting Deputy Director
General (Management Services)
• Ms Megan Wilson, Executive Director,
Office of the Director General
• Mr Steve Miller, Regional Director,
Metropolitan Region
• Ms Leonie Bender, Regional Director,
Western Region
• Ms Anne Meagher, Regional Director,
Northern Region
The number of executive positions at the end
of the reporting year were:
Level Number
SES Level 5 1
SES Level 4 2
SES Level 2 4
The number of Senior Executive Officers
decreased from eight to seven during
2008/2009 financial year.
Executive Position Holders on or also involve a strengthening of the risk
above Level 5 management responsibilities of the various
Steering Committees supporting the Executive
As at 30 June 2009, the Director General, Mr
Committee and a closer integration between
Peter Muir was the only executive officer
the Strategic Planning, Business Planning,
employed at SES Level 5 or above. A
Financial Planning cycles and the State
statement on the performance of Mr Muir
Performance and Budget cycle.
appears on page 82.

The value of the total remuneration package Financial Risk

for Level 5 Senior Executive Officers as at Financial risk is managed through the
30 June 2009 was $259,850. Mr Muir Executive Finance Committee.
commenced the position on 23 June 2008.
Operational Risk
RISK MANANGEMENT The role of the Operations Committee is being
reviewed to ensure a stronger control in the
identification and management of operational
Responsibility for effective risk management
risks. This will also involve the development of
within the department rests with the Executive
an Operational Risk Register.
Committee, with oversight provided through
the independent Audit and Risk Management
Committee. A separate Fraud and Corruption Insurance
Prevention Committee provides regular reports The department has a comprehensive
to the Audit and Risk Management Insurance program covering Workers
Committee. Compensation, Public Liability, Motor Vehicle,
Property and Miscellaneous Liability.
The Department of Juvenile Justice is in the
process of upgrading its risk management
framework in accordance with the
Australian/New Zealand Standard AS/NZ
4360:2004 Risk Management and relevant
legislative requirements. Developing effective
performance management benchmarks will be
a key supporting focus of the risk
management process.

Safety
An Executive Safety Committee has been
established to oversee the identification and
controls necessary to manage systemic safety
hazards. A comprehensive Safety Risk Register
is being compiled to formalise the monitoring,
treating and reporting responsibilities between
the regional safety committees and the
Executive Safety Committee.

Strategic Risks
A preliminary review of the department’s
strategic risks was undertaken in the latter half
of 2008-09. The development of an effective
risk management/corporate governance
framework for managing key strategic risks
will be developed during 2009-10. This will

Workforce Capacity • Chapter 7 81

 PERFORMANCE STATEMENT FOR DIRECTOR GENERAL
DEPARTMENT OF JUVENILE JUSTICE

NAME: Peter Muir

POSITION: Director General

PERIOD: 1 July 2008 – 30 June 2009

Mr Muir has successfully led the department during 2008-09 in accordance with his performance
agreement.

Mr Muir has overseen the following initiatives:

• Achievement of the department’s capital works program including the commissioning and
opening of Emu Plains Juvenile Justice Centre;
• Achievement of productivity savings and the restructuring of centres;
• Implementation of approved Cabinet recommendations to address capacity issues in the
department’s custodial system;
• Implementation of the department’s Aboriginal AOD Program Dthinya Yuwali.;
• Implementation of the recommendations of the Aboriginal Child Sexual Assault Task Force;
• Implementation of amendments to the Detention Centres Act;
• Implementation of the Corporate Information System to enable better reporting ;
• Implementation of the Transition to Shared Corporate services (Business Link);
• Introduction of the Comprehensive Assessment Framework;
• Implementation of evaluation framework for the Intensive Supervision Program; and
• Implementation of reviews of the Sex Offender Programs, Violent Offender Programs and Alcohol
and Other Drug (AOD) Programs.

Mr Muir discharged his responsibilities diligently, exercising sound judgement and providing a high
level of leadership to the department.

Graham West
Minister for Juvenile Justice
Minister for Volunteering
Minister for Youth
Minister Assisting the Premier on Veterans’ Affairs

A partnership between Richmond TAFE, Salvation

Army and the Department of Juvenile Justice
enabled eight young offenders to take part in a
landscaping course and create a new serenity
garden at the Blacktown Salvation Army office.

82 Juvenile Justice, Department of Human Services • Annual Report 2008-2009